A concise law dictionary of words, phrases, and maxims : with an explanatory list of abbreviations used in law books

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A CONCISE LAW DICTIONARY

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CONCISE LAW DICTIONARY
/

ov
WOKDS, PHEASES, AND MAXIMS

WITH

AN EXPLANATORY LIST OF ABBREVLATIONS USED
IN LAW BOOKS

BY

FREDERIC JESUP^TIMSON

PROFS880R OF COMPABATIYE LEOIfT^ATION IK BABYARD
UNIYXRSITT

REVISED EDITION

BY
HARVEY CORTLANDT VOORHEES

OF THX BOSTON BAR
AUTHOR OF "tHB LAW OF ABBBST IN CIYIL AND CBIMINAL ACnONS"

BOSTON

LITTLE, BROWN, AND COMPANY

1911

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Copyright, 1881, 1911,
Bt Lxttlb, Bbown, and Compast.

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PREFATORY NOTE.

In preparing this new edition of Stimson's Law Glossary
an effort has been made to retain the excellent and
scholarly work of Professor Stimson as originally prepared
by him. Few changes have been found advisable.

The work of the present editor, therefore, has been
mainly to supplement rather than revise. In piuisuing this
plan nearly two thousand important words have been
added, and many citations and references inserted designed
to lead the researcher to a fuller understanding of the
meaning and practical use of the words defined and ex-
plained. These references are designedly to books and
reports most accessible to students of Law, and their needs
have ever been held paramount. For their use, too, an
explanatory list of abbreviations used in law books has
been carefully prepared, and added under the title '^ Abbre-
viations.'^ This will undoubtedly be foimd an important
addition to the general scope of the work. A table of
British Regnal years has also been added in the Appendix.
References to words defined in this book are in small
capitals, and references to other books and decisions are

in italics.

H. C. V.
Boston, January 1, 1011

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DEFINITIONS AND TRANSLATIONS
OF LAW TERMS

A, ad, /r. Has (from avoir, aver).

Ay ab, l,^ From; by; of; with; in; at. The letter a is sometimes used
to distinguish the page of a folio, thus: Coke, Litt. 112 a, the second
being marked b, and so on with other letters. It is also used to indi-
cate the first of a series of documents, as, Exhibit " A,** or '' a I"
etc. Although the article a is generally a singular term it is also
used as plural in the sense of " any,'' and is then apphed to more
than a smgle object; see lU Mass. 266; 101 N. Y. 463. A cancellis:
the Chancellor. A cgbIo usque ad centrum: from the heavens to the
centre of the earth. A commimi observantia non est recedendum:
there should be no departure from common observance. A consiliis:
of counsel; a counsellor. It is sometimes used in civU law in place
of a responsis. A contrario sensu: on the other hand; in the oppo-
site sense. A fortiori: by a stronger reason; much more. A gratia:
by grace, and not of right. A jure suo cadunt: they fall from Gose)
their right. Applied to cases of loss of property by abandonment.
A latere: collateral; without right. Frequently used in speaking of
the succession to property. A me: from me. A term used in grants
expressing tenure by the grantee directly of the superior lord; op-
posed to de me, expressing tenure by the grantee of the grantor. To
pay a me, is to pay from my money. A mensa et thoro: from bed
and board. The term is used to designate a kind of divorce which
is more a separation of the parties by law, than a dissolution of the

-marriage. It is not an absolute divorce. A morte testatoris: from
the testator's death. A multo fortiori: by far the stronger — reason,
right, equity. A nativitate: from infancy. A non domino: by one
not the owner. A non posse ad non esse sequitur argumentum nece&-
sarie negative, licet non affirmative: from the impossibility of a thing
you may infer its nonexistence; but not, from the possibility of a
thing, its existence. A piratis et latronibus capta dominium non
nratant: things taken by pirates or robbers do not change their owner-

> See also A/r.

1

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2 A— ABANDONMENT

ship. A posteriori: applied to an argument founded on observation
or experiment. The term a priori is used of such argiunents as rest
on analogy or abstract considerations. A quo: from which. The
Court a quo is the court from which a cause has been removed to a
higher court, which latter is called the Court ad quem. A quo invito
aliquid ezigi potest: from whom something may be exacted against
his will. The definition of a debtor in perfect obligation. A retro:
behind; in arrear. A sodis: see NoscrrnR a bogus. A tempore cujus
contrarii memoria non ezistit: from time of which there exists no
memory to the contrary. A teneris annis: by reason of youth. A
•verbis legis non est recedendum: there should be no departure from
the words of the law. A vinculo matrimonii: from the bond of mar-
riage. A divorce which completely dissolves the marriage tie.

A, /r.^ At; to; with; in; for; by. A aver et tener: to have and to
hold. A causa de cy: for this reason. A ce: for this purpose. A
fine force: of pure necessity. A large: at large; free. A l'impo»-
sible nul n'est tenu: no one is bound to do what is impossible. A
pais: to the country; at issue. A prendre: to take; see PROFns
A PRENDRE. A rendro: to render; yield; see Profits a rsndbb. A
savoir, ft saver: to know; to wit. A terme: for a term; for the term.
A tort: wrongfully.

Ab, 2.' From. Abactis: a notary; a registrar. One who records
words as they are spoken. Ab agendo: unable to act. Ab alienatio:
a method of transferring lands between Roman citizens. Ab ante:
in advance. Ab antecedente: beforehand. Ab antique: of old.
Ab assuetls non fit injuria: from things to which we are used, no
legal wrong arises. Ab extra: from without; see H Mass. 151.
Ab inconvenient!: from what is inconvenient, or improper; see Arott-
MENTUM. Ab inde: from that time forward; thence. Ab initio:
from the beginning; before; contrasted with postea and ex post
facto. Ab intestat: intestate. Ab intestato: from an intestate;
used of property acquired from one dying without a will. Ab invito :
unwillingly; by or from an unwilling person. Ab irato: by one who
is angry. Used where a gift or devise is made adversely to the in-
terests of heirs. Ab judicatio : a removal from court. Ab olhn : of old.

Abactor, I. A cattle-stealer.

Abadengo, span. Lands belonging to ecclesiastical corporations.

Abandon. To give up; see Abandonment.

Abandonment Desertion; surrender; relinquishment of property;
as when an insured person makes over his rights in the goods to the
insurer. In Maritime Law, see 5 Mich. S68; of Homestead, 76 la.
6S1; by Husband or Wife) 27 Conn. 26; in Insurance, S9 Ark. 264;
of Public Highway, ISO N. Y. 618; of Public Lands, 26 Neb. i£0;
of Rights, 9 Met. {Mass.) 396.

1 See also A, ab, Z., and Ab, I.
I See also A. ab, l, and X,/r.

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ABARNARB— ABBREVIATIONS 3

AtMmare, {. To detect or diacloee a crime.

Abatamentum, L, or Abatement (A making lees; a deatroying.) Of a
nuisance, when the party injured removes or destroys it; see Rob. El.
L. Rev. ed., \ 241. Of freeholdy when a stranger enters, and keeps
possession of, lands, after the death of the person last seised, and be-
fore the entry of the person next entitled. Of legacies, when there are
not assets to pay all debts or legacies in full; in like manner, there
is abatement of debts among creditors. Of a suit, when it is deter-
mined for want of proper parties, as by death, marriage, or bank-
ruptcy; eee S Bl. Com. SOI; Rch. El. L. Rev. ed., SS 29S-298; or by
Fleas in abatement: these are pleas which only suspend the right
to sue; or they defeat a particular action without afiFeoting the right;
see Plea; Rob. El. L. Rev. ed., S S08.
Abatre, abbatre, abater, fir. To abate, throw down, or destroy. Abatre

malson: to raze a house.
Abatuda. Diminished; as where coins are clipped or lessened in value.

Abatus per vent: thrown down by the wind.
Abbaiaunce, abbaizance. Abeyance, g. v.

Abbreviations. Of most abbreviations the court may take judicial
notice; see 4 Wig. Ev., g 268S.

By reason of arbitrariness in coining abbreviations no list can be
called complete. The following list, however, will be found to con-
tain practically ail for which reference will be required:

A. C Appellate Court; Appeal Cases. 1891 A. C:

Engliah App^ Cases, Law Reports, 3d
series, 1891. Same in other years.

A. D American Decisions (Select Cases); Anno

Domini.

AG Attorney General.

A K. Marsh. . . . A. K. Marshall's Kentucky Reports.

A. L. J Albany Law Journal.

A Moo A. Moore's English Reports, In 1 Bosanquet it

Puller.
A R. Anno Regnl, — in the year of the reign ; Amer-
ican Reports (Select Cases).

A & S Adolphus & Ellis' Reports, Eng. King's Bench;

Admiralty and Ecclesiastical.
A. & B. N. S. . . Adolphus A Ellis' Reports, New Series, Eng.

Queen's Bench, also cited Q. B.
A & B. R. C. . . . American and English Railway Cases.

Ab Abridgment.

Ab. Adm Abbott's Admiralty Reports, U. S.Dist. Court,

South. Dist. N. Y.
Ab. App. Dec, or
Ab. Ct App., or
Ab. N.T. Ct App. Abbott's New York Court of Appeals Decisions.

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4 ABBREVUTIONS

Ab. New Cfts. . . Abbott's New Cases, variouB New York Courts.

Ab. U. S. Abbott's Reports, U. S. District and Circuit Courts.

Abr. Abridgment; Abridged.

Aba Absolute.

Ace Accord, — agrees.

Act Acton's Reports, Prize Causes, Eng. Privy Council.

Act. Reg Acta Regia.

Ad. & Ell Adolphus & Ellis' Eng. King's Bench Reports.

Ad«&EU. N. S. . Adolphus & Ellis' Eng. Queen'3 Bench . Reports,
New Series, also cited Q. B.

Ad. fin. Ad finem, — at or near the end.

Add. Addison's Pa. Reports.

Addamsy or Add.
EccL Addams' Eng. Ecclesiastical Reports.

Ad] Adjudged; Adjourned.

Adm. Admiralty; Admitted; Administrator.

Adm. & Ecc . . Admiralty and Ecclesiastical, Eng. Law Reports.

Admz Administratrix.

Ads Ad sectam, — at suit of.

Adv. Advocate.

Ag. Agreement; Against;' Agrees.

Agra H. C. ... Agra High Court Reports, India.

ASk Aiken's Vermont Reports.

Al. Tel. Cas. . . . Allen's Telegraph Cases, Amer. and Eng.

Al. & Nap. . . . Alcock & Napier's Irish King's Bench and Ex-
chequer Reports.

Ala. . Alabama Reports.

Ala. N. S Alabama Reports, New Series.

Ale Alcock's Irish Registry Cases.

Ale. & N. . . . . Alcock & Napier's Irish King's Bench and Ex-
chequer Reports.

Al., or All Allen's Massachusetts Reports; Allen's New Bruns-
wick Reports; Aleyn's Eng. King's Bench Reports.

Allen (N. B.) • . . Allen's New Brunswick Supreme Court Reports.

All. Ser. Allahabad Series, Indian Law Reports.

Allen Allen's Massachusetts Reports; Allen's New Bruns-
wick Reports.

Am. American; Amended; Amendment.

Am. Law Reg. . . American Law Register, Philadelphia.

Am. L. Rev. . . . American Law Review.

Amb Ambler's Eng. Chancery Reports.

Ames Cas. Eq. . . Ames' Cases on Equity Jurisprudence.

Ames Cas. PI. . . Ames' Cases on Common Law Pleading.

Ames, K. & B. . . Ames, Knowles, & Bradley's Rhode Island Reports.

And. ...... Anderson's Eng. Conunon Pleas and Court of

Wards Reports.

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ABBREVIATIONS 5

Andr. AndreW Eng. King's Bench Reports.

Ang. Angell's Rhode Island Reports.

Ang. & Dor. (JL L) Angell & Durfee's Rhode Island Reports.

Aniudy Annaly's Eng. Reports. Ck)inmonly cited Cas.

temp. Hardw.

Anst Anstruther's Eng. Exchequer Reports.

Anth. N. P. . . . Anthon's Nisi Prius Cases, New York.

App Appeal; Appendix; Apposition; Appleton's Maine

Reports.

App. Cas App^ Cases, Eng. Law Reports.

App. Cas. (D. C.) . Appeal Cases District of Columbia, vol. 1.
App. Cas. (Bang.) . Sevestre & Marshall's Bengal Reports, India.
App. Cas. Rep. . . Bradwell's Illinois Appeal Court Reports.

App. N. Z Appeal Reports, New Zealand.

App. Rep. Ont . . Appeal Reports, Ontario.
Arch. L. 0.& CtPr. Archer's Law Office and Court Procedure.
Archb. Sum. . . . Archbold's Sununary of the Laws of England.
Archer, or Archer

& Hogae . . . Archer's Florida Reports, vol. 2.
Arg. Arguendo, — in arguing, — in the course of rea-
soning.

Ariz. Arizona.

Ark. Arkansas Reports; Arkley's Scotch Reports.

ArkL Arkley's Scotch Reports.

Arms. M. & O. . Armstrong, Macartney, A O^^e's Reports, Irish

Nisi Prius Cases.
Am. Arnold's Reports, Eng. Common Pleas; Amot's

Criminal Trials, Scotland.
Am. & H. . . . . Arnold & Hodges' Eng. Queen's Bench Reports.
Am. & H. B. C. . . Arnold & Hodges' Eng. Bail Court Reports.

Aslmu Aahmead's Pa. Reports.

Aik. Atkyn's Eng. Chancery Reports.

Atl. Rep Atluitic Reporter.

Atw. Atwater's Minnesota Reports.

Anstiii C. C. R. . Austin's Eng. County Court Reporta.
Ayl. Pan. .... Ayliffe's Pandects.

B. A. Bachelor of Arts.

Bami. &A. . . . Banning AArden's Patent Cases, U.S. Circuit Court.

B. C Bail Court; Bankruptcy Cases.

B. C. C Lowndes & Maxwell's Eng. Bail Court Cases;

Brown's Eng. Chancery Cases.

B. C. R. Saunden & Cole's Eng. Bail Court Reports.

B. L. Bachelor of Laws.

B. L. R. Bengal Law Reports.

B» IL B. Monroe's Kentucky Reports; Burrows' Reports

temp, Mansfield.

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6 ABBREVIATIONS

B. Moil . . . . B. Monroe's Kentucky Reports.

B. Moore .... Moore's Eng. Reports.

B« N. C Bingham's New Cases, Eng.; Brooke's New Cases,

Eng.; Busbee's No. Car. Reports.

B. P. N. IL . . . Bosanquet & Puller's New Reports, Eng. Com.
Pleas.

B. IL Bancus Regis, — King's Bench; Bankruptcy Re-
ports.

B. R. H. .... Cases in King's Bench, temp. Hazdwicke.

B. S Bancus Superior, — Upper Bench.

B« & A.) or B« db
Aid. Bamewall & Alderson's Eng. Reports.

B. ft A. Bamewall & Alderson; Bamewall & Adolphus;

Barron & Arnold; Barron & Austin; Banning
& Arden.

B. ft Ad. .... Bamewall db Adolphus' Eng. Reports.

B. ft B. . . . . . Ball ft Beatty's Irish Chancery Reports; Bro-

derip ft Bingham's Eng. Reports.

B. ft C. Bamewall ft Cresswell's Eng. Reports.

B. ft L. Browning ft Lushington's Eng. Admiralty Reports.

B. ft P. Bosanquet ft Puller's Eng. Reports.

B. ft P. N. R. . . Bosanquet ft Puller's New Reports, English.

B. ft S Best ft Smith's Eng. Reports.

Bac. Abr. .... Bacon's Abridgment.

Bagl Bagley's California Reports.

BagL ft H. ... Bagley ft Harmen's California Reports.

Bail Ct Cas. . . . Lowndes ft Maxwell's Eng. Bail Court Cases.

Ball Ct Rep. . . Saunders ft Cole's Eng. Bail Court Reports.

Bailey Bailey's South Carolina Law Reports.

Bailey Eq.,or Bailey
Ch. Bailey's South Carolina Chancery Reports.

Bald. Baldwin Reports, U. S. 3d Circuit.

Bald. R. L. ... Baldwin's Railroad Law.

Ball ft B Ball & Beatty's Irish Chancery Reports.

Banc Sup. . . . Bancus Superior, — Upper Bench.

Banks Banks' Kansas Reports.

Bann. Bannister's Eng. Common Pleas Reports.

Barb.,orBarb.S.C. Barbour's New York Supreme Court Reports.

Barb. (Ark.) . . . Barber's Arkansas Reports.

Barb. Ch Barbour's New York Chancery Reports.

Barber Barber's Arkansas Reports.

Bam Bamardiston's Eng. King's Bench Reports.

Bam. Ch Bamardiston's Eng. Chancery Reports.

Bam.ftA.,orBam.
ft Aid. .... Bamewall ft Alderson's Eng. Reports.

Bam. ft Ad. . . . Bamewall ft Adolphus' Ejig. King's Bench Reports.

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ABBREVIATIONS 7

Bato. ft Cress. . . Bamewall & Cressweirs Eng. King's Bench Reports.

Bair Barr's Pa. Reports.

Bsrt Bq Barton's Suit in Equity.

Bates Ch Bates' Delaware Chanoeiy Reports.

Batty Batt/s Irish King's Bench Reports.

Baxt Baxter's Tennessee Reports.

Bay Bay's South Carolina Reports; Bay's Missouri

Reports.

Bay (Mo.) .... Bay's Missouri Reports.

Beal. Cas. Cr. L. . Beale's Cases on Criminal Law.

Beal. Cr. PI. . . Beale on Criminal Pleading.

Beale Cas. Dam. . Beale's Cases on Damages.

Beas. Beasley's New Jersey Equity Reports.

Beatt Beatty's Irish Chancery Reports.

Beav Beavan's Eng. Rolls Court Reports.

Bee, or Bee Adm. Bee's Admiralty Reports, U. S. Dist. Court, South
Carolina.

Bee C. C. IL . . . Bee's Eng. Crown Cases Reserved.

BeL Bellewe's Eng. King's Bench Reports temp. Rich-
ard II; Bellais' Bombay Reports; Beling's Cey-
lon Reports.

Beling ft Van. (Cey-
lon) Beling & Vanderstraaten's Ceylon Reports.

BelL (Or.) . . . Bellinger's Oregon Reports.

Bell Ap. Cas. . . Bell's House of Lords Cases, Scotch Appeal

Bene. C Bell's Crown Cases Reserved; Bellais' Civil

Cases, Bombay; Bellais' Oiminal Cases, Bom-
bay.

Bell. C. Cas. . . . Bellais' Civil Caaes, Bombay; Bellais' Criminal
Cases, Bombay.

Bell Cas. .... Bell's Scotch Court of Session Cases.

Bell H. C. Cal. . . Bell's Reports, High Court of Calcutta.

Bell H. L. . . . . Bell's House of Lords Cases, Scotch Appeals.

Bell (In.) .... Bell's Reports, India.

Bell Bess. Cas. . . Bell's Cases in the Scotch Court of Session.

Bellais Bellais' Criminal Cases, Bombay; Bellais' Civil

Cases, Bombay.

Bellewe Bellewe's Eng. King's Bench Reports, temp,

Richard II.

Ben.) or Bt . . . Benedict's Reports, U. S. Dist. Court, 2d Circuit.

Bendl Bendloe's or New Benloe's Eng. Common Pleas

Reports, Ed. of 1661.

Beng. L. IL . . . Bengal Law Reports, India.

Beng. S. D. . . . Bengal Sudder Dewanny Reports, India.

Benl Benloe's Eng. King's Bench Reports.

BenL ft DaL . . . Benloe's ft Dalison's Eng. Ck>m. Fleas Reports.

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8 ABBREVIATIONS

BeniL (CaL) ... Bennett's California Reports.
Benn. (Mo.) ... Bennett's Missouri Reports.
Benn. (Dak.) . . Bennett's Dakota Reports.

Bent Bentle3r'B Irish Chancery Reports.

Beny Betty's Missouri Reports.

Bert Berton's New Brunswick Reports.

Best & S. . . . . Best & Smith's Eng. Queen's Bench Reports.
Betts Dec .... Blatchford & Howland's U. S. District Court

Reports.
Bev. (Ceylon) . . Beven's Ceylon Reports.

Bibb Bibb's Kentucky Reports.

Bick. Bicknell's Nevada Reports.

Bick. ft H. (Ney.). Bicknell & Hawley's Nevada Reports.
Bick. dn.) .... Bicknell's Reports, India. «

Big. Bignall's Reports, India.

Big. B. N. ft C. . Bigelow on Bills, Notes, and Cheques.
Big. Cas. B. N. C. Bigelow's Cases on Bills, Notes, and Cheques.
Big. Torts .... Bigelow on Torts.
Big. Wills .... Bigelow on Wills.

Bing. Bingham's Eng. Common Fleas Reports.

BInn. Binney's Pa. Reports.

Biss Bissell's Reports, U. S. Courts, 7th Circuit.

Bitt Bittleston's Reports in Chambers, Q. B.

Bitt W. ft P. . . Bittleston, Wise, ft Pamell's Reports.

BL Black's U. S. Supreme Court Reports.

BLC. a .... Blatchford's Reports, U. S. Circuit Court, 2d

Circuit.
BL Com. .... Blackstone's Commentaries on English Law.
BL D. ft O. . . . Blackham, Dundas, ft Osborne's Reports, Ireland.

BL H. Henry Blackstone's Eng. Reports.

Bi. ft How. . . . Blatchford ft Howland's Admiralty Reports, U. S.

Dist. Court, Southern Dist. of N. Y.
Bi.Pr.Ca. ... Blatchford's Prize Cases, U. S. Dist. of N. Y.
Bla.R.»orBla.WoL William Blackstone's Eng. Reports.
Bla. Com. .... Blackstone's Commentaries.

Black Black's U. S. Supreme Court Reports.

BladE (Jnd.) . . . Black's Indiana Reports, vols. 30^53.

Blackf. Blackford's Indiana Reports.

Blake Blake's Montana Territory Reports.

Bland Bland's Maryland Chancery Reports.

Blatchf. Blatchford's Reports, U. S. Circuit Court, 2d

Circuit.
Blatchf. ft H. . . Blatchford ft Howland's Admiralty Reports, U. S.

Dist. Court, Southern Dist. of N. Y.

Bleck. Bleckley's Georgia Reports, vols. 34-35.

BIL, or Bliijli • • BItgh's Eng. House of Lords Reports.

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ABBREVIATIONS 9

BIL N. S., or BB^

N. S Bligh's Eng. House of Lords Reports, New Series.

Bomb. H. Ct Rep. Bombay High Court Reports.
Bomb. Ser. . . . Bombay Series, Indian Law Reports.

Bond Bond's Reports, U. S. Courts, Southern Dist. of

Ohio.

Boor. Booraem's California Reports.

Borr. Borradaile's Bombay Reports.

Bos. ft P., or Bos.

& Pul Boeanquet & Puller's Eng. Common Pleas Reports.

Bos. ft P. N. R., or

Bos.ftPuLN.R. Bosanquet ft Puller's New Reports, Eng. Conmion
Pleas.

BoBW. BoBwell's Scotch C«urt of Session Reports.

BoBW. (N. T.) . . Bosworth's New York City Superior Court Reports,
vols. 14-23.

Booln. Boulnois* Bengal Reports.

Bonzke Bourke's Reports, India.

Bout., or Bonv.

L. D Bouvier's Law Dictionary.

Bottv. Inst . . . Bouvier's Institutes of American Law.
Bnd., ' or Bndf.

Sur. Bradford's Surrogate Court Reports, N. Y.

Bndf. (Iowa) . . Bradford's Iowa Reports.
BradL (R. L) . . Bradley's Rhode Island Reports.

Bndw. Bradwell's Illinois Appellate Court Reports.

Branch Branch's Florida Reports, vol. 1.

Bnyt Brayton's Vermont Reports.

Breeae Breese's Illinois Reports.

Brev. Brevard's South Carolina Reports.

Brew. (Md.) . . Brewer's Maryland Reports.
Brew., or Brews. . Brewster's Pa. Reports.

Bridg. J. Bridgmore's Eng. Common Pleas Reports.

Bridg. O Orlando Bridgman's Eng. Conmion Pleas Re-
ports.

Blight BrighUy's Pa. Nisi PriuB Reports.

Biisb. (ICimi.) . . Brisbin's Minnesota Reports.

Brit CoL S. C. . . British Columbia Supreme Court Reports.

Bro Browne's Pa. Reports.

Bro. Bee .... Brooke's Eng. Ecclesiastical Reports.

Bro. N. C. . . . . Brooke's New Cases, Eng. King's Bench.

Bro. N. P. . . . . Brown's Eng. Nisi Prius Cases.

Bro. N. P. (Mich.) Brown's Michigan Nisi Prius Cases.

Brock. Cas. . . . Brockenbrough's Virginia Cases, vol. 2.

Brock, ft H. . . . Brockenbrough ft Holmes' Virginia Cases, vol. 1.

Brod. ft B. ... Broderip ft Bingham's Eng. Conmion Pleas Reporta

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10 ABBREVIATIONS

Brod ftp. ... Broderick db Freemantle's Eng. Ecclesiastical

Cases.
Brooke N. C. . . Brooke's New Ca^es, Eng. King's Bench (Bel-

lewe's Cases, temp. Henry VIII.).
Broom Leg. Max.,

or Broom Max. Broom's Legal Maxims.
Brooiii or Broun

Just Broun's Reports, Scotch Justiciary Court.

Brown Bee . . . Brown's Eng. Ecclesiastical Reports.
Brown ft H.

(Ifiss.) .... Brown & Hemingwa3r's Mississippi Reports.
Brown ft L. . . . Brown ft Lushington's Eng. Admiralty Reports.
Browne (Mass.). Browne's Massachusetts Reports, vols. 97-100.
Browne ft O. . . Browne ft ' Grajr's Massachusetts Reports, vols.

110-114.
Brtt.| or Bruce . . Bruce's Scotch Court of Session Reports.
Bry. Code PI. . . Bryant on Code Pleading.

Bt Benedict's Reports, U. S., Southern Dist. of N. Y.

Bttch. Rep. . . . Buchanan's Cape of Good Hope Reports.
Buif. Super. Ct
(H. Y.) . . . . Buffalo Superior Court Reports, of N. Y.

Bulst Bulstrode's Eng. King's Bench Reports.

Bunb Bunbury's Eng. Exchequer Reports.

Bur. Burrow's Eng. King's Bench Reports.

Burd. Part . . . Burdick on Partnership.
Burd. Cas. Part . Burdick's Cases on Partnership.
BunL Sales . . . Burdick on Sales.
Bnrd. Cas. Sales . Burdick's Cases on Sales.
Burd. Torts . . . Burdick on Torts.
Burm. L. R. . . . Burmah Law Reports.

Bum Burnett's Wisconsin Reports.

Busb Busbee's North Carolina Law Reports, vol. 44.

Busb. Eq Busbee's North Carolina Equity Reports, vol. 46.

Bush Bush's Kentucky Reports.

C. A. Court of App^; Court of Arches; Chancery

Appeals.
C. B» Chief Baron; Common Bench; Eng. Common

Bench Reports, by Manning, Granger, ft Scott.
C. B. N. S. ... English Common Bench Reports, New Series, by

Manning, Granger, ft Scott.
C. C Circuit Court; Chancery Cases; Crown Cases;

County Court; City Court; Cases in Chancery;

Civil Code; Cepi Corpus.
CCA. U. S. Circuit Courts of Appeals Reports; County

Court Appeals, English.
C C. Chron. . . . Chancery Cases Chronicle, Ontario.

Digitized by

Google

ABBREVIATIONS 11

C. C. R. .... City Courts Reports, New York City.

C. E. Gr. . . . . C. E. Green's New Jersey Chancery Reports, vols.
2-4.

C. H. Rec. . . . City Hall Recorder (Rogers), New York City.

C. H. Rep. . . . City Hall Reporter (Lomas), New York City.

C. H. & iu ... Carron, Hammerton, & Allen's New Session Cases,
English.

C. J. Chief Justice.

C. J. C« P Chief Justice of the Common Pleas.

C. J. K. B. ... Chief Justice of the King's Bench.

C. J. Q. B. ... Chief Justice of the Queen's Bench.

C. J. U. B. ... Chief Justice of the Upper Bench.

C. L. Common Law; Civil Law.

C. L. J Central Law Journal.

C. L. J. N. 8. . . Canada Law Journal, New Series.

C. L. P. Act . . . English Common Law Procedure Act.

C. L. R. Conunon Law Reports, English.

C. M. R. .... Crompton, Meeson, & Roscoe's Eng. Exchequer
Reports.

C. N. Code Napol^n.

C. N. P. C. ... Campbell's English Nisi Prius Cases.

C. P. Code of Procedure; Common Pleas; Code Penal.

C. P. Coop. . . . C. P. Cooper's English Reports.

C. P. C Code de Procedure Civile.

C. P. Dlv. .... Common Pleas Division, Eng. Law Reports.

C, P. Rept . . . Common Pleas Reporter, Scranton, Pa.

C. P. U. C. ... Common Pleas Reports, Upper Canada.

C. S Scotch Court of S^sions.

C. W. DttdL Bq. . C. W. Dudley's South Carolina Equity Reports.

C. ft A. Cooke & Alcock's Irish King's Bench and Ex-
chequer Reports.

CAP. Clark A Finnelly's Eng. House of Lords Reports.

C. A J. Crompton A Jervis' Eng. Exchequer Reports.

C. ft K. Carrington & Kirwan's Eng. Nisi Prius Reports.

C. ft L. C. C. . . Cane & Leigh's Crown Cases.

C. ft M Crompton & Meeson's Eng. Exchequer Reports.

C. ft Marsh. . . . Carrington & Marshman's Eng. Nisi Prius Reports.

C. ft P Carrington & Payne's Eng. Nisi Prius Reports.

Ca. reap Capias ad respondendum.

Ca. sa. Capias ad satisfaciendum.

CaL Caines' Supreme Court, N. Y. Reports.

Cai. Cas Caines' Cases Court of Errors, N. Y.

Cal California Reports.

Call Call's Virginia Reports.

Calfh. Calthorpe's Eng. King's Bench Reports.

Cam. Cameron's Upper Canada Queen's Bench Reports.

Digitized by

Google

12 ABBREVIATIONS

Camp. N. P. . . . Campbcirs Eng. Nisi Prius Reports.

Can Canon; Canada.

Can. L. T. . . . Canadian Law Times.

Can. S. C. Rep. . Canada Supreme Court Reports.

Cap Capitulum; Chapter.

Car. Carolus, — Charles.

13 Car. IL . . . . The thirteenth year of the reign of King Charles II.
Car. H. & A. . . Carrow, Hamerton, & Allen's Reports, Eng. Ses-
sion Cases.

Car. & Kir. . . . Carrington & Kirwan's Eng. Nisi Prius Reports.

Car. & Mar. . . . Carrington & Marshman's Eng. Nisi Prius Reports.

Car. & P. ... . Carrington & Payne's Eng. Nisi Prius Reports.

Carp Carpenter's California Reports.

Cart Carter's Eng. Conunon Pleas Reports.

Cart (Ind.) . . . Carter's Indiana Reports.

Carth Carthew's Eng. King's Bench Reports.

Caiy Cary's Eng. Chancery Reports.

Cas Casey's Pennsylvania Reports.

Cas. App. .... Cases on Appeal to the House of Lords.

Cas. Eq Cases in Equity, Gilbert's Eng. Reports.

Cas. H. of L. . . Cases in the English House of Lords, 1814-1819.

Cas. Pr. Cases of Practice in the Court of the King's Bench

from Eliz. to 14 Geo. III.
Cas. S. C. (Cape

of G. H.) . . . Cases in the Supreme Court, Cape of Good Hope.

Ch. Chancery.

[1891] Ch. .... English Chancery Cases; Law Reports, Ist Series,

1891. Same in other years.

Ch. Cham. (Ont). Chancery, Chambers' Ontario Reports.

Ch. Div. Chancery Division, Law Reports.

Chamb Chambers' Upper Canada Reports.

Chan Chancey's Michigan Reports.

Chand. N. H. . . Chandler's New Hampshire Reports, vols. 20, 38-44.

Chand. (Wis.). . . Chandler's Wisconsin Reports.

Chap. Cas. Cr. L. . Chaplin's Cases on Criminal Law.

Char. Merc . . . Charta Mercatoria.

Charlt T. U. P. Charlton's Georgia Reports.

Charlt R. M. . . R. M. Charlton's Georgia Reports.

Chev Cheves' South Carolina Law Reports.

Chev. Ch., or Chev.

Eq Cheves' South Carolina Chancery Reports.

Chip. D D. Chipman's Vermont Reports.

Chip. N N. Chipman's Vermont Reports.

Chit B. C. ... Chitty's Eng. Bail Court Reports.

Chit Rfip Chitty's Eng. Bail Court Reports.

Chr. Rep Chamber Upper Canada Reports.

Digitized by

Google

ABBREVIATIONS 13

Cin. Rep., or Cine

(Ohio) .... Cincinnati Superior Court Reports.

CL App Clark's Eng. House of Lords Appeal Cases.

Civ. Proc. R. . . New York Civil Procedure Reports.

CL Ch. Clarke's N. Y. Chancery Reports.

Clark Clark's Eng. House of Lords Appeal Cases.

Clark (Ala.) . . . Clark's Alabama Reports, vol. 58.

Clark & Fin. N. S. Clark & Finnelly's Eng. House of Lords Reports,

New Series.
Clarke (Iowa) . . Clarke's Iowa Reports.
Clarke (Mich.) . . Clarke's Michigan Reports.
Clarice (N. Y.) . . Clarke's New York Chancery Reports.

Clayt Clayton's Reports, English York Assize.

Clif. & R. . . . . Clifford & Richard's English Locus Standi Reports.
Clif. & St ... . Clifford & Stephens' English Locus Standi Reports.

Cliff. Clifford's Reports, U. S. 1st Circuit.

Co Coke's Eng. King's Bench Reports.

Co. Ct Cas. . . . County Court Cases, English.
Co. Ct Rep. . . . County (Dourt Reports, Pa.
Co. Inst .... Coke's Institutes.

Co. Lttt Coke on Littleton (1st Inst.).

Co. P. C Coke's Pleas of the Crown (3d Inst.).

Co. Pal County Palatine.

Co. Rep. .... Coke's Eng. King's Bench Reports.

Cobb Cobb's Cjeorgia Reports.

Cochr. Cochran's Nova Scotia Reports.

Cocke (Ala.) . . . Cocke's Alabama Reports, n. s., vols. 15-18.
Cocke (Fla.) . . . Cocke's Florida Reports, vols. 14-16.
Cod. Jiir. Civ. . . Codex Juris Civilis; Justinian's Code.
Code Civ. .... Code Civil, or Civil Code of France.
Code La. .... Civil Code of Louisiana.

Code Nap Code Napolton; Civil Code.

Code P. Code P6nal.

Coke Coke's Eng. King's Bench Reporta

Coke Inst .... Coke's Institutes.
Coke lit .... Coke on Littleton.

CoL Colorado Reports.

Coldw. Coldwell's Tennessee Reports.

Cde Cole's Iowa Reports.

Cole. AC Coleman & Caines' Cases, New York.

Coll Collyer's Eng. Chancery Reports.

Cdq Colquitt's Reports (1 Modem Reports).

Com. Comyn's Eng. King's Bench and Common Pleas

Reports.
Com. B English Common Bench Reports, by Manning,

Qranger, ^ Soott.

Digitized by

Google

14 ABBREVIATIONS

Com. B. N. S. . . English Common Bench Reports, New Series, by
Manning, Granjger, & Soott.

Com. P. Div. . . Common Pleas Division, Eng. Law Reports.

Comb Comberbach's Eng. King's Bench Reports.

Coms Comstock's New York Ct. of Appeals Reports,

vols. 1-4.

Con* Conover's Wisconsin Reports, vols. 16-88.

Conf. Chart. . . . Confirmatio Chartarum.

Conn. Connecticut Reports.

Cont Contra.

Cooke (Tenn.) . . Cooke's Tennessee Reports.

Cooke & Al. . . . Cooke & Aloock's Irish King's Bench Reports.

Cooley Const L. . Cooley on Constitutional Law.

Cooley Const Lim. Cooley on Constitutional Limitations.

Corp. Jiir. Can. . Corpus Juris Canonici.

Corp. Jur. Civ. . . Corpus Juris Civilis.

Corry Conyton's Calcutta Reports.

Court CL . . . . U. S. Court of Claims Reports.

Court & Mad. . . Courteney & Maclean's Scotch Appeals (5-7 Wil-
son & Shaw).

Cow Cowen's New York Reports.

Cox, Cox Ch., or
Cox Bq Cox's Eng. Chancery Reports.

Cox (Ark.) .... Cox's Arkansas Reports.

Cox C. C, or Cox
Cr. Cas Cox's Criminal Cases, English.

Coxe Coxe's New Jersey Law Reports, vol. 1.

Cr., or Cra. . . . Cranch's U. S. Supreme Court Reports.

Cr.C.C.,orCra.C.C. Cranch's Reports U. S. Circuit Court, Dist. of
Columbia.

Cr. Cas. Res. . . Crown Cases Reserved, Law Reports.

Cr. & St .... Craigie & Stewart, Scotch House of Lords Re-
ports.

Cxabbe Cnibbe's Reports, District Coiurt of U. S., Eastern

District of Pa.

Craig. & St . . . Craigie, Stewart, & Paton's English House of
Lords Reports, Appeals from Scotland.

Craw. & D. ... Crawford & Dix's Reports, Irish Circuit Cases.

Creasy (Ceylon) . Creasj^'s Ceylon Reports.

Crim. Con. . . . Criminal Conversation; Adultery.

Critch. Critchfield's Ohio Reports.

Cro Croke's Eng. King's Bench Reports.

Cro. Car. .... Croke's Reports teinp. Charles I. (3 Cro.).

Cro. Eliz Croke's ReporU temp. Elizabeth (1 Cro.).

Cro. Jac Croke's Reports temp, James I. (2 Cro.).

Cromp, Ezdu R. . Crcmpton's Eng. Exchequer Rsporta.

Digitized by

Google

ABBREVIATIONS 15

Cromp. M. & R. . Crompton, Meeson, & Roscoe's Eng. Exchequer

Reports.

Cromp. & J. . . . Crompton & Jervis' Eng. Exchequer Reports.

Cromp. & M. . . Crompton & Meeson's Eng. Exchequer Reports.

Crowth. (Ceylon) . Crowther's Ceylon Reports.
Cruise Dig., or

Cruise R. P. . . Cruise's Digest of the Law of Real Property.

Ct of App. . . . Court of Appeals.

Ct. of CI Court of Claims Reports, U. S. '

Ct of Err. .... Court of Error.

Ct of Gen. Sess. . Court of General Sessions.

Ct of Sess. . . . Court of Session.

Ct of Spec Sess. Court of Special Sessions.

CuL Culpabilis, — guilty.

Cummins .... Cummins' Idaho Reports.

Cun. Cunningham's Eng. King's Bench Reports.

Cur. Adv. Vult . . Curia Advisare Vult, — the court wishes to consider

the matter.

Cur. CaiL .... Cursus Cancellari^e.

Cuny. Curry's Louisiana Reports, vols. 6-19.

Curt Curteis* Eng. Ecclesiastical Reports.

Curt C. C. ... Curtis' Reports, U. S. Circuit Court, Ist Circuit.

Curt Cond. . . . Curtis' Condensed Reports, U. S. Supreme Court.

Curt Dec Curtis' U. S. Courts Decisions (Condensed).

Curt Sec .... Curteis' Eng. Ecclesiastical Reports.

Curt Jur. .... Curtis on the Jurisdiction of the U. S. Courts.

Cush Cushing's Massachusetts Reports.

Cushm. Cushman's Mississippi Reports, vols. 2^29.

Cust de Norm. . Custome de Normandie.

Cyc QyclopsBdia of Law and Procedure, New York.

D Decree; D^cret; Dictum.

D. B Domesday Book.

D. C District Court; District of Columbia.

D. C. L Doctor of the Civil Law.

D. Chip D. Chipman's Vermont Reports.

D. F. & J. . . . . DeGex, Fisher, & Jones' Eng. Chancery Reports.

D. J. & S DeGex, Jones, & Smith's Eng. Chancery

Reports.

D. M. ft O. . . . DeGex, Macnaghten, & Gordon's Eng. Chancery

Reports.

D. N. S. .... Dowling's Reports, New Series, Eng. Bail Court

Reports.

D. P. Domus Procerum, — House of Lords.

D. S. Deputy Sheriff.

D. ft B. C. C. . . I)earsly ft Bell's Eng. Crown Cases Reserved.

D. ft C Dow ft Clark's Eng. House of Lords Reports.

Digitized by

Google

16 ABBREVIATIONS

D. ft E. Durnford & East, Eng. King's Bench, Tenn

Reports.

D. ft J. DeOex ft Jones' Eng. Chancery Reports.

D. ft J. B DeGex & Jones' Eng. Bankruptcy Reports.

D. ft L Dowling ft Lowndes' Eng. Bail Court Reports.

D. ft M. .... Davison ft Merivale's Eng. Queen's Bench Reports.

D. ft P. Dennison ft Pearce's Eng. Crown Cases.

D. ft R. Dowling ft Ryland's Eng. King's Bench Reports.

D. ft R. N. P. C. . Dowling ft Ryland's Eng. Nisi Prius Cases.

D. ft S. . . . . Doctor and Student.

D. ft Sm. .... Drew ft Smales' Eng. V. C. Reports.

D. ft Sw. .... Deane & Swabey, Eng. Ecclesiastical Reports.

D. ft W. .... Drury & Walsh's Irish Chancery Reports.

D. ft War. .... Drury & Warren's Irish Chancery Reports.

Dak Dakota Reports.

Dal. -. Dalison's Eng. Common Pleas Reports, (Benloe

ft Dalison).
Dale Ecc .... Dale's Eng. Ecclesiastical Reports.
DalL ...... Dallas' Reports, U. S. Supreme Court, and Pa.

Courts.
Dall. (Tex.) . . . Dallam's Texas Reports.

Daly Daly's New York Common Pleas Reports.

Dan. Daniels' Eng. Exchequer Reports.

Dana Dana's Kentucky Reports.

Dane Abr. .... Dane's Abridgment.

Danner Danner's Alabama Reports, vol. 42.

Das Dasent's Common Law Reports, vol. 3.

Dav. Davies' Irish King's Bench Reports.

Dav. (U. S.). . . . Daveis' Reports, U. S. Dist. of Maine (2d Ware).
Dav. ft M. ... Davison & Merivale's Eng. Queen's Bench Reports.

Daveis Daveis' Reports, U. S. Dist. of Maine.

Davis Rep. . . . Davis' Sandwich Island Reports.

Day Day's Connecticut Reports.

DeG DeGex's Eng. Bankruptcy Reports.

DeG. F. ft J. . . DeGex, Fisher, ft Jones' Eng. Chancery Reports.
DeG. J. ft 8. . . DeGex, Jones, ft Smith's Eng. Chancery Reports.
DeG. BL ft G. . . DeGex, Macnaghten, ft Gordon's Eng. Chancery

Reports.

DeG. ft J DeGex ft Jones' Eng. Chancery Reports.

DeG. ft Sm. . . . DeGex ft Smale's Eng. Chancery Reports.
Dea. ft Sw. . . . Deane ft Swabey's Eng. Ecclesiastical Reports.

Deady Deady's Reports, U. S. Dist. of Oregon.

Deane Deane's Vermont Reportfl.

Deane Bee . . . Deane's Eng. Ecclesiastical Reports.

Dears Dearsly's Crown Cases Reserved.

Dears, ft B. . . . Dearsly ft Bell's Crown Cases Reserved.

Digitized by

Google

ABBREVIATIONS 17

Deas & And. . . Deaa & Anderson's Scotch Court of Session

Cases.

Deft Defendant.

Del Delaware Reports.

DeL Ch. .... Delaware Chancery Reports.

Del. Cr. Cas. . . Delaware Criminal Cases, by Houston.

Delehanty .... Delehanty's New York Miscellaneous Reports.

Dem. Demarest's New York Surrogate Reports.

Den., or Denio . . Denio's New York Reports.
Den. C. C. ... Denison's Crown Cases.

Dens Denslow's Michigan Reports.

Des., Dess., or

Dessaus. . . . Dessaussure's South Carolina Reports.
Dev.,orDev.CtCl. Devereux's Reports, U. S. Court of Claims.
Dev. Eq Devereux's North Carolina Equity Reports, vols.

16-17.
Dev. L. Devereux's North Carolina Law Reports, vols.

12-16.
Dev. (N. C.) . . Devereux's North Carolina Law Reports, 1826-

1834, 4 vols.
Dev. & B. Eq. . . Devereux & Battle's North Carolina Equity Re-
ports, vols. 21-22.
Dev. & B. L. . . . Devereux & Battle's North Carolina Law Reports,

vols. 18-20.

Dewitt Dewitt's Ohio Reports.

DL (or Dy.) . . . Dyer's Eng. King's Bench Reports.
Dice (Ind.) . . . Dice's Indiana Reports.
Dicey Part . . . Dicey on Parties to Actions.

Dick Dickens' Eng. Chancery Reports.

Diet Dictionary.

Dig. Digest, especially the Digest of Justinian.

DiU. Dillon's Report, U. S. 8th Circuit.

DilL Mun. Corp. . Dillon on Municipal Corporations.

Disn Disney's Reports, Superior Court of Cincinnati,

Ohio.

Div. Division, Courts of the High Court of Justice.

Div. ft Matr. C. . Divorce and Matrimonial Causes Court.
Doct & Stud. . . Doctor and Student.

Dods. Dodson's Eng. Admiralty Courts Reports.

Dom., or Domat . Domat on Civil Law.

Domesd Domesday Book.

Donn Donnelly's Eng. Chancery Reports.

Dor. (Quebec ) . . Dorion's Quebec Queen's Bench Reports.

Doug Douglass' English King's Bench Reports.

Doug. (Mich.) . . Douglass' Michigan Reports.
Dow, or Dow P. C. Dow's Eng. House of Lords Cases.

2

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Google

18 ABBREVIATIONS

Dow & C, or Dow
N. S Dow & Clark's Eng. House of Lords Cases.

Dowl Bowling's Eng. Bail Court Reports.

Dowl. N. S. . . . Bowling's Eng. Bail Court Reports, New Series.

Dowl. Pr. C. . . . Bowling's Reports, Eng. Practice Cases.

DowL Pr. C. N. S. Bowling's Reports, New Series, Eng. Practice Cases.

Dowl. & L. ... Bowling & Lowndes' Eng. Bail Court and Prac-
tice Cases.

Dowl. & Ry. . . . Bowling & Ryland's Eng. King's Bench Reports.

Dowl. & Ry. M. C. Bowling & Ryland's Eng. Magistrate Cases.

Dowl. & Ry. N. P. Bowling & Ryland's Eng. Nisi Prius Cases.

Draper Braper's Upper Canada King's Bench Reports.

Drew., or Drewry Brewry's Eng. Chancery Reports.

Drew (Fla.) . . . Brew's Florida Reports.

Drew. & S., or
Drewry & Sm. . Brewry & Smale's Eng. Chancery Reports.

Drinkw Brinkwater's Eng. Common Pleas Reports.

Dru., or Drury. . Brury's Irish Chancery Reports.

Dru. & Wal. . . . Brury & Walsh's Irish Chancery Reports.

Dru. & War. . . . Brury & Warren's Irish Chancery Reports.

Dud., or Dud. Ga. Budley's Georgia Reports.

Dud. Ch., or Dud.
£q Budley's South Carolina Equity Reports.

Dud. L., or Dud.

S. C Budley's South Carolina Law Reports.

Duer Buer's New York Superior Court Reports, vols.

8-13.

DiinL Bunlop, Bell, <& Murray's Scotch Court of Session

Reports (Second Series, 1838-62).

Dunl. B. & M. . . Bunlop, Bell, & Murray's Scotch Court of Session
Reports (Second Series, 1838-62).

Duif. (R. I.) . . . Burfee's Rhode Island Reports.

Dumf. & E. . . . Bumford & East's Eng. King's Bench Reports;
Term Reports.

Dutch Butcher's New Jersey Law Reports.

Duv. (Can.) . . . Buvall's Canada Supreme Court Reports.

Duv. Buvall's Kentucky Reports.

Dyer Dyer's Eng. King's Bench Reports.

E Easter Term; King Edward.

E East's Eng. King's Bench Reports.

E. B. & E Ellis, Blackburn, & Ellis' Eng. Queen's Bench

Reports.

E. B. & S. : . . . (Ellis), Best & Smith's Reports.

E. C. L English Common Law Reports.

E. D. S E. B. Smith's New York Common Pleas Reports.

E. E English Exchequer.

Digiti

zed by Google

ABBREVIATIONS

19

i£« IS* JC* .

E. L. & Eq.
E. P. C.
E.IL .
E.T. .
E. & A. IL .
E. &B.
£• & £•
£a.» or East
East P. C.
East. Rep.
Ec. &Ad.
Ecd. Rep.
Ed. . .
Eden .
Edg. .
Edg. C.
Edict .
Edw. .
z Edw. L
Edw. (Mo.)
Edw. Adm.
Edw. Ch. .
EL B. ft E.

EL B. ft S.
EL ft B. . .
EL ft El. .
Eliz. . . .
Encyc PL ft Pr,
EncycL
Eng. .
Eng. Adm. R.
Eng. Ch. . .
Eng. C. L., or Eng.

Cool L. R.
Eng. EccL .
Eng. Ezch.
Eng. Ir. App.
Eng. L. & Eq. R. .
Eng. R. & C. Cas.
Eng. Sc. Ecc . .
Eod.

Eq

Eq. Cas

Err. ft App. . . .

English Ecclesiastical Reports.

English Law and Equity Reports.

East's Pleas of the Crown.

East's Eng. King's Bench Reports.

Easter Term.

Error and Appeal Reports, Ontario.

Ellis & Blackburn's Eng. Queen's Bench Reports.

Ellis & Ellis' Eng. Queen's Bench Reports.

East's Eng. King's Bench Reports.

East's Pleas of the Crown.

Eastern Reporter.

Spink's Ecclesiastical and Admiralty Reports.

Ecclesiastical Reports.

Edition; Edited; King Edward.

Eden's Eng. Chancery Reports.

Edgar's Reports, Scotch Court of Session.

Canons enacted under King Edgar.

Edicts of Justinian.

King Edward.

The first year of the reign of King Edward I.

Edwards' Missouri Reports.

Edwards' Eng. Admiralty Reports.

Edwards' New York Chancery Reports.

Ellis, Blackburn, & Ellis' Eng. Queen's Bench

Reports.
Ellis, Best, & Smith's Eng. Queen's Bench Reports.
EHlis & Blackburn's Eng. Queen's Bench Reports.
Ellis & Ellis' Eng. Queen's Bench Reports.
Elizabeth.

Encyclopaedia of Pleading & Practice.
Encyclopsedia.
En^ish's Arkansas Reports.
English Admiralty Reports.
English Chancery Reports.

English Conmion-Law Reports.

English Ecclesiastical Reports.

English Exchequer Reports.

English Law Reports, Eng. and Irish Appeal Cases.

English Law and Equity Reports.

English Railroad and Canal Cases.

English and Scotch Ecclesiastical Reports.

Eodem.

Equity.

Equity Cases, vol. 9, Modem Reports.

Error and Appeals Reports, Upper Canada.

Digitized by

Google

20 ABBREVIATIONS

Esp. Espinasse's Eng. Nisi Prius Reports.

Esq Esquire.

£t al Et alii, — and others.

Evans Evans* Washington Territory Reports.

Evans Pothier . . Evans' Pothier on Obligations.

Ew. Med. Jur. . . Ewell's Medical Jurisprudence.

Ex. Exchequer Reports, English.

Ex., or Exr. . . . Executor.

Ex. D English Law Reports, Exchequer Division.

Ex. rel Ex relatione.

Exch Exchequer Reports, English; (Welsby, Hurlstone,

& Gordon's Reports).

Exch. Cas. . . . Exchequer Cases, Scotland.

Exch. Chamb. . . Exchequer Chamber.

Exch. Div. .... Exchequer Division, English Law Reports.

Exec Execution; Executor.

Exp Ex parte; Expired.

Expl Explained.

Ext Extended.

Eyre Eyre's Eng. King's Bench Reports, temp, Wil-
liam III.

F. B. R. Full Bench Rulings, Bengal.

F. B. R. N. W. P. Full Bench Rulings, Northwest Provinces, India.

F. C. R. Feame on Contingent Remainders.

F. & F. Foster & Finlason's Eng. Nisi Prius Reports.

F. & S. Fox & Smith's Irish King's Bench Reports.

Faiif. Fairfield's Maine Reports.

Falc Falconer's Reports, Scotch Court of Session.

Far. Farresley's Reports, English King's Bench, Modem

Reports, vol. 7.

Fed. The Federalist.

Fed. Rep. .... The Federal Reporter.

Fent (New Zea-
land) Fenton's New Zealand Reports.

Ferg Fergusson's Scotch Consistorial Court Reports.

Ff. Pandects of Justinian.

Fi. f a. Fieri facias.

Fin. Finch's Eng. Chancery Reports.

Finl. Rep Finlason's Report of the Gumey Case.

Fish. Pat Rep. . . Fisher's Patent Reports.

Fish. Pr. Cas. . . Fishor's Prize Cases, TJ. S. Courts, Pa.

Fitz-G Fitz-Gibbon's Eng. Reports.

Fitz. N. B. ... Fitzherbert's Natura Brevium.

Fla Florida Reports.

Flan. & K. ... Flanagan & Kelly's Irish Rolls Court Reports.

Fland. Ch. J. . . Flanders' Lives of the Chief Justices.

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Google

ABBREVIATIONS 21

Flipp Plippin's U. S. C. C. Reports.

Fogg Fogg's New Hampshire Reports.

FoL Folio.

For. Forrest's Eng. Exchequer Reports.

Form Forman's Illinois Reports.

Forr. Forrester's Eng. Chanoery Reports, Cases temp.

Talbot.

Forrest Forrest's Eng. Exchequer Reports.

Fortes. Fortescue's Eng. Reports.

Fost Foster's Legal Chronicle Reports, Pa.

Fost Foster's Eng. Reports and Crown Law.

Fost (N. H.). . . Foster's New Hampshire Reports, vols. 19, 21-31.
Fost & Fin. . . . Foster & Finlason's Reports, Eng. Nisi Prius

Cases.

Fount Fountainhall's Scotch Court of Session Reports.

Fox Fox's Decisions (Haskell's Reports), Circuit and

District Court, Maine.
Fox ft Sm. . . . Fox & Smith's Irish King's Bench Reports.

Fr. Fragment, or Excerpt, or Laws in Titles of Pandects.

Fr. Ql Freeman's Eng. Chancery Reports; Freeman's

Mississippi Chancery Reports.

France France's Colorado Reports.

Fred. Code . . . Frederician Code, Prussia.

Freem. Ch. . . . Freeman's Reports (2d Freeman), Eng. Chancery.

Freem. K. B. . . Freeman's Eng. King's Bench Reports, (1st

Freeman).
Freem. (lU.) . . . Freeman's Illinois Reports.
Freem. (Miss.) . . Freeman's Mississippi Chancery Reports.

French French's New Hampshire Reports.

Full B. R. . . . . Full Bench Rulings, Bengal, (or Northwest Prov-
inces).

Fult Fulton's Bengal Reports.

G King George.

z G. L The first year of the reign of King George L

G Gale's Eng. Exchequer Reports.

G. B Great Britain.

G. Gr George Greene's Iowa Reports.

G. M. DudL . . . G. M. Dudley's Georgia Reports.

G. ft D Gale & Davison's Eng. Exchequer Reports.

G. ft J Glyn & Jameson's Eng. Reports; GiU ft Johnson's

Maryland Reports.

Ga Georgia Reports.

Ga. Dec .... Georgia Decisions, Superior Courts.

Ga. Sup Supplement to 33 Georgia Reports.

Gail Gaii Institutionum Commentarii.

Gtius Gaius' Institutes.

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Google

22 ABBREVIATIONS

Galb Galbraith's Florida Reports, vols. 9-11.

Galb. AM.... Galbraith <& Meek's Florida Reports, vol. 12.

Gale Gale's Eng. Exchequer Reports.

Gale & Dav. . . Gale & Davison's Eng. King's Bench Reports.

GalL, or Gallis. . Gallison's Reports, Circuit Ct. TJ. S., 1st Circuit.

Gard. N. Y. Rept Gardenier's New York Reporter, New York.

Garden. Gardenhire's Missouri Reports.

Gay. (La.) .... Gayarre's Louisiana Reports.

Gen. Ord. .... General Orders.

Gen. Ord. in Ch. . General Order of the High Court of Chancery.

Gen. Sess. . . . General Sessions.

Gen. Term . . . General Term.

Geo King George. See G.

Geo Georgia Reports.

George George's Mississippi Reports.

Gibbs Gibbs' Michigan Reports.

Giff. Gijffard's Eng. Chancery Reports.

Giff. & H Gijffard & Hemming's Eng. Chancery Reports.

Gil. (Minn.) . . . Gilfillan's Minnesota Reports.

Glib Gilbert's Eng. Chancery Reports.

Gilb. Ch Gilbert's Eng. Chancery Reports.

Glib. Ev. .... Gilbert's Evidence.

Gild. (N. M.) . . Gildersleeve's New Mexico Reports.

Gill Gill's Maryland Reports.

Gill ft J. .... Gill & Johnson's Maryland Reports.

Gilm Gilmour's Scotch Court of Session Reports.

Gilm. (HI.) . . . Gilman's Illinois Reports.

Gilm. (Va.) . . . Gilmer's Virginia Reports.

Gilm. ft Pal. . . . Gihnour & Falconer's Scotch Court of Session,
Reports.

Gilp, Gilpin's Reports, U. S. Dist. Court, East. Dist. of

Pa.

GL Glossa, — a gloss or interpretation.

Glasc Glascock's Irish Reports.

Glenn .....< Glenn's Reports, Louisiana Annual.

Godb Godbolt's Eng. King's Bench Reports.

Goldes Goldesborough's Eng. King's Bench Reports.

Good. R. P. . . . Goodwin on Real Property.

Goaf Gosford's Reports, Scotch Court of Session.

Gouldab Gouldsborough's Eng. King's Bench Reports.

Gr. Cas Grant's Cases, Pa.

Grang. Granger's Ohio Reports.

Grant Grant's Ontario Chancery Reports.

Grant Cas., or

Grant (Pa.) . . Grant's Cases, Pennsylvania Supreme Court.

Grant (Jamaica) . Grant's Jamaica Reports.

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Google

ABBREVIATIONS 23

Grant U. C. . . . Grant's Upper Canada Chancery Reports.

Gratt Gratton's Virginia Reports.

Gray Gra3r's Massachusetts Reports.

Gray Perp. . . . Gray on Perpetuities.

Green C. £. . . . C. E. Green's New Jersey Equity Reports, vols.

16-27.
Green Ch.yOr Green

Eq Green's New Jersey Equity Reports, vols. 2-4.

Green L., or Green

N. J. Green's New Jersey Law Reports, vols. 13-15.

Green (R. L) . . Green's Rhode Island Reports, vol. 11.
Greene (Iowa) . . Greene's Iowa Reports.

Green! Greenleaf' s Maine Reports.

Gr. Ev. Greenleaf on Evidence.

Grisw. (Ohio) . . Griswold's Ohio Reports.
Grot,Gro.B.etP.,

or Gro. de J. B. Grotius de Jure Belli et Pacis.

Gnthrie Guthrie's Sheriff Coiut Cases, Scotland.

H. Hilary Term.

H King Henry.

z H. L The first year of the reign of King Henry I.

h. a. Hoc anno.

H. BUl Henry Blackstone's Eng. Reports.

H. C House of Commons.

H. Ct R. N. W. P. High Coiut Reports, North West Province, India.
H. H. P. C. . . . Hale's History, Pleas of the Crown.

H. L House of Lords.

H. L. C House of Lords Cases (Clark's).

H. L. Rep. . . . Clark & Finnelly's House of Lords Reports, New

Series.
H. P. C. .... Hale's Pleas of the Crown.

H.T, Hilary Term.

h. t Hoc titulum, or hoc titulo.

h. V. Hoc verbum, or his verbis.

H. & B Hudson & Brooke's Irish King's Bench Reports.

H. & C Hurlstone & Coltman's Elng. Exchequer Reports.

H. ft G. .... Harris & Gill's Maryland Reports.

H. & H. Horn & Hurlstone's Eng. Exchequer Reports.

H. ft J. Harris & Johnson's Maryland Reports.

H. ft J. Ir. ... Hayes & Jones' Irish Exchequer Reports.

H. ft M Hening & Munford's Virginia Reports.

H. ft M. Ch. . . . Hemming & Miller's Eng. Chancery Reports.
H. ft McH. . . . Harris & McHenry's Maryland Reports.

H. ft N Hurlstone & Norman's Eng. Exchequer Reports.

H. ft R. Harrison & Rutherford's Eng. Conunon Pleas

Reports.

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Google

24

ABBREVIATIONS

H. & T. .
H.&W.
H. &W.
Ha.&Tw.
Hab. Corp.
Hab. fa. poss.
Hab. fa. seis.
Hadd. . . .
HadL ....
Hag. (Utah)
Hag. (W. Va.)
Hagg. Adm.
Hagg. Con.
Hagg. Ecc.
Hagn. ft M. (Md.)
Hale . . .
Hale P. C.
Hall . . .
Hall. (Col.)
HaU (N. H.)
HaU&Tw.

Hallett . .

Halsty or Halst L.

HalstCh.,orHal8t

Eq

TTam

Hamm. (Ga.) . .
Hamm. (Ohio)
Hamm. & J. . . .

Han.

Hand

TTfltiti-

Har. AG

Har. &J

Har. & McH. . .
Har.&W. . . .

Hard

Hard. (Ky.), or Har-
din

Hardw.

Hare

Harg

Harris & SiniraU's Mississippi Reports.

Hall & Twell's Eng. Chancery Reports.

Harrison <& Woilaston's Eng. King's Bench Reports.

Hurlstone & Walmsley's Eng. Exchequer Reports.

HaU & Twell's Eng. Chancery Reports.

Habeas Corpus.

Habere facias possessionem.

Habere facias seisinam.

Haddington's Scotch Court of Session Reports.

Hadley's New Hampshire Reports.

Hagan's Utah Reports.

Hagan's West Virginia Reports.

Haggard's Eng. Admiralty Reports.

Haggard's Eng. Consistory Reports.

Haggard's Eng. Ecclesiastical Reports.

Hagner & Miller's Maryland Reports.

Hale's California Reports.

Hale's Pleas of the Crown.

Hall's New York City Superior Court Reports.

Hallett's Colorado Reports.

Hall's New Hampshire Reports.

Hall & Twell's Eng. Chancery Reports.

Hallam's Middle Ages.

Hallett's Colorado Reports, vols. 1-2.

Halsted's New Jersey Law Reports, vols. 6-12.

Halsted's Chancery Reports, New Jersey Equity,

vols. 5-8.
Hamilton's Scotch Court of Session Reports.
Hammond's Georgia Reports.
Hammond's Ohio Reports.
Hammond & Jackson's Georgia Reports, vol. 45.
Hannahs New Brunswick Reports.
Hand's New York Court of Appeals Reports, vols.

4(M5.
Hannay's New Brunswick Reports.
Harris & Gill's Maryland Reports.
Harris & Johnson's Maryland Reports.
Harris & McHemys Maryland Reports.
Harrison & Woilaston's Eng. King's Bench

Reports.
Hardres' Eng. Exchequer Reports.

Hardin's Kentucky Reports.
Cases temp, Hardwicke, Eng. King's Bench.
Hare's Eng. Chancery Reports.
Hargrove's North Carolina Reports.

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ABBREVIATIONS 25

Harg. Co. litt . . Hargrave's Notes to Coke on Littleton.

Harm. Harmon's Reports, Califomia Reports, vols. 13-15.

Harm. (U. C.) . . Harman's Upper Canada Common Pleas Reports.

Harp Harper's South Carolina Reports.

Harp. Eq Harper's South Carolina Equity Reports.

Harr Harrison's New Jersey Law Reports.

Harr. Cent . . . Harriman on Contracts.

Harr. (Del.) . . . Harrington's Delaware Reports.

Harr. (Ind.) . . . Harrison's Indiana Reports.

Harr. (Mich.) . . Harrington's Michigan Chancery Reports.

Harr. (N. J.) . . . Harrison's New Jersey Law Reports, vols. 16-19.

Harr. (Pa.) . . . Harris' Pennsylvania Reports.

Harr. Ch Harrison's Michigan Chancery Reports.

Harr. & G. ... Harris & Gill's Maryland Reports.

Harr. & J. . . . . Harris & Johnson's Maryland Reports.

Harr. & McH. . . Harris & McHenry's Maryland Reports.

Harr. ft R. ... Harrison & Rutherford's Eng. Common Pleas Re-
ports.

Harr. ft S. ... Harris & SimraU's Mississippi Reports, vols. 49-^2.

Harr. ft W. ... Harrison & WoUaston's Eng. King's Bench Reports.

Harris Harris' Pa. Reports.

Hart Hartley's Texas Reports.

Harv. L. Rev. . . Harvard Law Review.

Hask. Haskell's Reports, United States Courts, Maine

(Fox's Decisions).

Hast Hastings' Maine Reports.

Hav. Ch. Rep. . . Haviland's Chancery Reports, Prince Edward
Island.

Haw Hawkins; Hawaiian Reports.

Hawaii Hawaii (Sandwich Islands) Reports.

Hawk Hawkins' Reports, Louisiana Annual.

Hawk. PI. C. . . Hawkins' Pleas of the Crown.

Hawks Hawks' North Carolina Reports.

Hawl. (Nev.) . . Hawley's Nevada Reports and Digest.

Hay (Calc) . . . Hay's Calcutta Reports.

Hay. Ezdu . . . Hayes' Irish Exchequer Reports.

Hay. ft J., or Hayes

ft Jones .... Hayes & Jones' Irish Exchequer Reports.

Hayes , . Hayes' Irish Exchequer Reports.

Hayw. (N. C.) . . Haywood's North Carolina Reports.

Hajrw. (Tenn.) . . Haywood's Tennessee Reports.

Hayw. ft H. (D. C.) Hayward & Hazleton Circuit Court Reports.

Head Head's Tennessee Reports.

Heafh Heath's Maine Reports.

Heisk Heiskell's Tennessee Reports.

Helm Helm's Nevada Reports.

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Google

26 ABBREVIATIONS

Hem. ft Wl, . . . Hemming & Miller's Eng. Chancery Reports.

Homing. (Miss.) . Hemingway's Mississippi Reports.

Hemp Hempstead's Reports, U. S. 9th Circuit and Dist.

of Arkansas.

Hen. King Henry.

z Hen. L . . . . The first year of the reign of King Henry I.

Hen. Bla. .... Henry Blackstone's Eng. Reports.

Hen. AM. ... Hening & Munford's Virginia Reports.

Hepb Hepburn's California Reports:

Hepb. (Pa.) . . . Hepburn's Pennsylvania Reports.

Het Hetley's Eng. Common Pleas Reports.

HiLT Hilary Term.

HiU (N. Y.). . . . HiU's New York Reports.

Hill (S. C.) ... Hill's South Carolina Reports.

HiU (S. C.) Eq. . . Hill, South Carolina Court of Appeals, Chanoeiy

Reports.

Hill Ch.,orHill£q. Hill's South Carolina Chancery Reports. '

Hill ft D. (N. Y.) . HiU & Denio's New York Reports.

HiU & Den. Sup. . Lalor's Supplement to HiU ft Denio's Reports,

New York.

Hfllyer HUlyer's California Reports.

HUL Hilton's New York Common Pleas Reports.

Ho. Lord Cas. . . House of^Lords Cases (Clark's).

Hob Hobart's Eng. Conmion Pleas and Chancery

Reports.

Hod. Hodge's Eng. Common Pleas Reports.

Hoflf Hoffman's Reports, U. S. Dist. of California.

Hoff. (N. Y.), or

Hoff. Ch. . . . Hoffman's New York Chancery Reports.

Hoff. Land Ca. . . Hoffman's Land Cases, CaUfomia.

Hog Hogan's Irish RoUs Court Reports.

Hog. St Tr. . . . Hogan's Pennsylvania State Trials.

Hogue Hogue's Florida Reports.

Hoi. Inst Holland's Institutes of Justinian.

HoU. (Minn.) . . HoUinshead's Minnesota Reports.

Holm. Holmes' Reports, U. S. Circuit Court, 1st Circuit.

Holt Holt's Eng. King's Bench Reports.

Holt Ch Holt's Equity V. C. Court.

Holt Eq. Rep. . . Holt's Eng. Equity Reports.

Holt N. P. ... Holt's Eng. Nisi Prius Reports.

Home Clerk Home's Scotch Court of Session Reports.

Hook Hooker's Connecticut Reports.

Hoonahan .... Hoonahan's Scinde Reports, India.

Hope Hope's Scotch Court of Session Reports.

Hopk. Ch Hopkins' New York Chancery Reports.

Horn ft H. ... Horn ft Hurlstone's Eng. Exchequer Reports.

Digitized by

Google

ABBREVIATIONS 27

Horr. ft T. Cas. . Horrigan & Thompson's Cases on Self Defense.
Horw. Y. B. (Hor-

wood's) .... Year-Books of Edward I.

Hotist Houston's Delaware Reports.

Houst Cr. Cas. . Houston's Criminal Cases, Delaware.

How Howard's U. S. Supreme Court Reports.

How. (Miss.) . . Howard's Mississippi Reports.
How. App. Cas., or

How. (N. Y.) . Howard's N. Y. Court of Appeals Reports.
How. St Tr. . . . Howell's State Trials.
How. U. S. ... Howard's U. S. Supreme Court Reports.
How. Civ. L. . . . Howe's Studies in the Civil Law.

Hubb Hubbard's Maine Reports,

Hud. & B Hudson & Brooke's Irish King's Bench Reports.

Huff. Ag Huffcut on Agency.

Huff. Cas. Ag. . . Huffcut's Cases on Agency.

Hugh Hughes' Reports, -U. S. Circuit Court, 4th Circuit.

Hugh. (Ky.) . . . Hughes' Kentucky Reports.
Hum. (Temi.) . . Humphrey's Tennessee Reports.

Humph Humphrey's Tennessee Reports.

Hun Hun's Reports, New York Supreme Ct., vol. 81.

Hurlst AC. . . Hurlstone & Coltman's Eng. Exchequer Reports.
Hurlst & G. . . . Hurlstone & Gordon's Eng. Exchequer Reports.
Hurlst & N. . . . Hurlstone & Norman's Eng. Exchequer Reports.
Hurlst & W. . . Hurlstone A Walmsley's Eng. Exchequer Reports.

Hut Hutton's Eng. Common Pleas Reports.

Hyde Hyde's Reports, India.

L C. C. R. . . . . Interstate Commerce Commission Reports.
L C. L. R. . . . . Irish Common Law Reports.

I. C. R. Irish Chancery Reports.

L £. R. Irish Equity Reports.

I O. U I owe you.

L R. C. L. . . . . Irish Reports, Common Law Series.

L R. £q Irish Reports, Equity Series.

la. Iowa Reports.

lb., or Id. . . . . Ibidem, or Idem, — the same.

Ida. Idaho Reports.

lU Blinois Reports.

m. App. Illinois Appellate Court Reports.

Inf. In fine, — at the end of the title, law, or para-
graph quoted.

In pr. In principio, — at the beginning of a law, before the

first paragraph.

In sum. In summa, — in the summary.

Ind. Indiana Reports.

Ind. App Law Reports, Indian Appeals.

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Google

28 ABBREVIATIONS

Ind. App. Sup. . . Indian Appeals Supplement, P. C.

Ind. L. IL . . . . (East) Indian Law Reports.

Ind. L. R. All. . . Allahabad Series of Indian Law Reports.

Ind. Super. . . . Indiana Superior Court Reports (Wilson's).

Ind. T Indian Territory.

Inf Infra, — beneath or below.

Inj Injunction.

Ins Insurance; Insolvency.

Inst Institutes; preceded by a number thus: (1 Inst.),

the reference is to Coke's Institutes; where a
number follows thus: (Inst. 1), the Institutes
of Justinian are referred to.

Int Com. Rep. . . Interstate Conunerce Reports.

Iowa Iowa Reports.

Ir Irish; Ireland.

Ir. C. L., or Ir. L.

N. S. Irish Common Law Reports.

Ir.Ch.,orIr.Ch.N.

S. Irish Chancery Reports.

Ir. Cir Irish Circuit Reports.

Ir. Scd Irish Ecclesiastical Reports (Milward's).

Ir. Eq Irish Equity.

Ir. Law ft Ch. . . Irish Law and Equity Reports, New Series.

Ir. Law & £q. . . Irish Law and Equity Reports, Old Series.

Ir. Law Rep. N. S. Irish Common Law Reports.

Ir. R. C. L. ... Irish Reports, Conunon Law Series.

Ir. R. Eq Irish Reports, Equity Series.

Ir. Rep. Reg. App. Irish Reports, Registration Appeals.

Ir. Rep. Reg. & L. Irish Reports, Registry and Land Cases.

Ired. L Iredell's North Carolina Law Reports.

Ired. ^ Iredell's North Carolina Equity Reports.

J. Justice.

J. C Juris Consultus.

J. C. P Justice of the Common Pleas.

J. et J De Justitia et Jure.

J. Glo. Juncta Glossa.

JJ. Justices.

J. J. Mar. . . . . J. J. Marshall's Kentucky Reports.

J. K. B Justice of the King's Bench.

J. Kel J. Keljrng's Eng. King's Bench Reports.

J. P Justice of the Peace.

J. P. Sm. .... J. P. Smith's Eng. King's Bench Reports.

J. S. Gr. (N. J.) . J. S. Green's New Jersey Reports.

J. Q. B Justice of the Queen's Bench.

J. U. B Justice of the Upper Bench.

J. ft H. Johnson & Hemming's Eng. Chancery Reports.

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Google

ABBREVIATIONS

29

or
Cas.

J.&UT. . . . .

J. & W.

Jac

z Jac I

Jac

Jac & W. . . . .

Jack.

Jack. Tex. App. .

Jackson & Lump-
kin (Ga.)

James . .

Jan. AngL .

Jar. Wills

Jctos. . . .

Jebb Cr. Cas.,
Jebb It. Cr.

Jebb & B.

Jebb & S.

Jeff. . .

Jenk. . .

Jenn. . .

Jo. & LaT.

John. &H.

Johns. . .

Johns. Cas.

Johns. Ch.

Johns. Ch.

Johns. Ch. (Md.),
or Johns. Dec .

Johns. Ch. (N. T.},
or Johns. Ch.
Cas.

Johns. Ct Err. . .

Johns. (Md.) . . .

Johns. (New Zea-
land)

Johns. U. S. . . .

Johns. V. Ch. Cas.
Johns, ft H. . . .
Johnst N. Z. . .

1 Jon.

2 Jon.

Jon. (Ala.) ....

Jones & LaTouche's Irish Chancery Reports.

Jacobs & Walker's Eng. Chancery Reports.

King James.

The first year of the reign of King James I.

Jacob's Eng. Chancery Reports.

Jacob & Walker's Eng. Chancery Reports.

Jackson's Georgia Reports.

Jackson's Texsus Court of Appeals Reports.

Jackson & Lumpkin's Cjeorgia Reports.

James' Nova Scotia Reports.

Jani Anglorum.

Jarman on Wills.

Jurisconsultus.

Jebb's Irish Crown Cases.

Jebb & Bourke's Irish Queen's Bench Reports.

Jebb & Symes' Irish Queen's Bench Reports.

Jefferson's Virginia Reports.

Jenkin's Eng. Exchequer Reports.

Jennison's Michigan Reports.

Jones & LaTouche's Irish Chancery Reports.

Johnson & Hemming's Eng. Chancery Reports.

Johnson's New York Reports.

Johnson's Cases, New York Supreme Court.

Johnson's New York Chancery Reports.

Johnson's Eng. Chancery Reports.

Johnson's Maryland Chancery Decisions.

Johnson's New York Chancery Reports.
Johnson's Reports, N. Y. Court of Errors.
Johnson's Maryland Reports

Johnson's New Zealand Reports.

Johnson's Reports, U. S. 4th Circuit (Chase's

Decisions).
Johnson's Cases in Vice-Chancellor Wood's Court.
Johnson & Hemming's Ekig. Chancery Reports.
Johnston's New Zealand Reports.
Wm. Jones' Eng. King's Bench and Common Pleas

Reports.
Thos. Jones' Eng. King's Bench and Common Pleas

Reports.
Jones' Reports, Alabama, vol. 62.

Digiti

zed by Google

30 ABBREVIATIONS

Jon. (Mo.) .... Jones' Missouri Reports.

Jon. (N. C.) . . . Jones' North Carolina Reports.

Jon. (N. C.) Eq. . Jones' North Carolina Equity Reports.

Jon. (Pa.) .... Jones' Pa. Reports.

Jon. (U. C.) . . . Jones' Upper Canada Reports.

Jon. B. & W. . . Jones, Barclay, & Whittelsey's Reports, Missouri,

vol. 31.

Jon. Eq Jones' North Carolina Equity Reports.

Jon. Ezch., or Jon.

Ir. Exch. . . . Jones' Irish Exchequer Reports.
Jon. T. Thos. Jones' Eng. King's Bench and Common Pleas

Reports.
Jon. W. Wm. Jones' Eng. King's Bench and Common Pleas

Reports.

Jon. ft C Jones & Cary's Irish Exchequer Reports.

Jon. ft LaT. . . . Jones & LaTouche's Irish Chancery Reports.
Jon. ft S. . . . . Jones & Spencer's Reports, New York City Superior

Court, vob. 33-46.
Jones, B. ft W.

(Mo.) Jones, Barclay, & Whittelsey's Reports, Missouri

Supreme Court (31 Missouri).

Jud. Jud^ent; Judicial; Judicature.

Jud. ft Sw. (Ja-
maica) .... Judah & Swan's Jamaica Reports.
Just Inst .... Justinian's Institutes.

K. B King's Bench.

K. C King's Council.

K. ft J Kay & Johnson's Eng. Chancery Reports.

Kan.» or Kans. . . Kansas Reports.

Kay Kay's Eng. Chancery Reports.

Kay ft J Kay & Johnson's Eng. Chancery Reports.

K. B. (U. C). . . King's Bench Reports, Upper Canada.
Keb., or Keble . . Keble's Eng. King's Bench Reports.

Keen Keen's Eng. Rolls Court Reports.

Keil., or Keilw. . Keilway's Eng. King's Bench Reports.

Kel. Ga Kelly's Reports, Georgia Reports, vols. 1-3.

Kel. W., or a Kel. W. Kelynge's Eng. Chancery and King's Bench

Reports.
Kel. ft C, or Kelly

ftC Kelly & Cobb's Georgia Reports.

Kelly Kelly's Georgia Reports.

Ken Kentucky Reports.

Ken. (N. C.) . . . Kenan's North (parolina Reports.

Kent Kent's Commentaries on American Law.

Kern. Keman's Reports, New York Court of Appeals,

vols. 11-14.

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Google

ABBREVIATIONS 31

Kerr Kerr's Indiana Reports.

Kerr (N. B.) . . . Kerr's New Brunswick Reports.

Keyes Keyes' Reports, New York Court of Appeals, (39-41

N.Y.)

Killc Kilkerran's Reports, Scotch Court of Session.

King King's Reports, Louisiana Annual.

Kirby Kirby's Connecticut Reports.

Kn., or Knapp . . Knapp's Eng. Privy Council Reports.
Kn.A.C.,orKnApp

A. C Knapp's Appeal Cases.

Kn. ft M., or Knapp

AM Knapp & Moore's Eng. Privy Council Reports.

Knoides .... Knowles' Rhode Island Reports.

Kulp Kulp's Pa. Reports.

Ky. Kentucky Reports.

Ky. Dec .... Kentucky Decisions, Sneed's Reports.
Ky. L. Rep. . . . Kentucky Law Reporter.

L. Law; Loi; Liber.

L. C. ..... . Lord Chancellor; Lower Canada; Leading Cases.

L. C. B. . . . . . Lord Chief Baron.

L. C. C. C. ... Lower Canada Civil Code.

L. C. C. P. ... Lower Canada Civil Procedure.

L. C. J Lord Chief Justice.

L. C. R. Lower Canada Reports.

L. H. C Lord High Chancellor.

L. J Lord Justices Court.

LL Laws.

L. L Law Latin; Local Law.

L. Lat Law Latin.

L. M. ft P. ... Lowndes, Maxwell, & Pollock's Eng. Bail Court
Reports.

L. P. C Lord of the Privy Council.

L. R. Law Reporter; Law Reports; Law Review.

L. R. A. Lawyers' Reports Annotated. (Volumes 1-70,

first series.)
L. R« A. N. S. . . Lawyers' Reports Annotated, new series.
L. R. A* ft £. . . Law Reports, Eng. Admiralty and Ecclesiastical.
L. R. App. Cas. . Law Reports, Eng. Appeal Caaes.
L. R. Biirm. . . . Law Reports, British Burmah.
L. R. C. C. R. . . Law Reports, Eng. Crown Cases Reserved.
L. "R. C. P. ... Law Reports, Eng. Common Picas.
L. R. C. P. D. . . Law Reports, Common Pleas Division, Eng. Su-
preme Court of Judicature.

L. R. Ch Law Reports, Eng. Chancery Appeal Cases.

L. R. Ch. D. . . . Law Reports, Chancery Division, Eng. Supreme
Court of Judicature.

Digitized by

Google

32 ABBREVIATIONS

L. R. E. ft Ir. App. Law Reports, Eng. and Irish Appeal Cases.

L. R. £q Law Reports, Eng. Equity.

L. R. £x.» or L. R.
Ezch. Law Reports, Eng. Exchequer.

L. R. Ex. D. . . . Law Reports, Exchequer Division Eng. Supreme |

Court of Judicature. |

L. R. H. L. ... Law Reports, House of Lords, Eng. and Irish Ap- |

peal Cases. '

L. R. H. L. Sc. . . Law Reports, House of Lords, Scotch and Divorce
Appeal Cases.

L. R. Ind. App. . Law Reports, Indian Appeals.

L. R. Ir Law Reports, Ireland.

L. R. N. S. W, . . Law Reports, New South Wales.

L. R. P. C. ... Law Reports, Eng. Privy Council, Appeal Cases.

L. R. P. Div. . . Law Reports, Probate, Divorce, and Admiralty
Division, Eng. Supreme Court of Judicature.

L. R. P. ft D. . . Law Reports, Eng. Probate and Divorce.

L. R. Q. B. ... Law Reports, Eng. Queen's Bench.

L. R. Q. B. Div. . Law Reports, Queen's Bench Division, Eng. Su-
preme Court of Judicature.

L. R. S. A. ... Law Reports, South Australia.

L. R. Sc Div. App.
Cas Law Reports, Scotch and Divorce Appeal Cases.

L. R. Sess. Cas. . Eng. Law Reports, Session Cases.

L. S Locus sigilli, — place of the seal.

L. ft M Lowndes & Maxwell's Eng. Bail Court Reports.

L. ft T. Longfield & Townsend's Irish Exchequer Reports.

La. Lane's Reports, Eng. Exchequer; Louisiana Re-
ports.

La. Ann. .... Louisiana Annual Reports.

La. T. R. . . . . Martin's Louisiana Term Reports, vols. 2-12.

Lalor Lalor's Supplement to Hill and Denio's Reports,

New York.

Lans. Lansing's Reports, New York Supreme Court Re-
ports, vols. 1-7.

Lat, or Latch . . Latch's Eng. King's Bench Reports.

Lafh. Lathrop's Massachusetts Reports.

Law Qr. Rev. . . Law Quarterly Review, London.

Lawr Lawrence's Ohio Reports.

Lay Lay's Eng. Chancery Reports.

Ld. Ken. .... Lord Kenyon's Eng. King's Bench Reports.

Ld. Raym. . . . Lord Raymond's Eng. King's Bench Reports.

Lea, or Lea, B. J. . Lea's Tennessee Reports.

Leach, or Leach
C. C Leach's Crown Cases, Eng. Courts.

Lee (CaL) .... Lee's California Reports.

Digitized by

Google

ABBREVIATIONS 33

Leg Leges, — laws.

Legg Legget's Reports, Scinde, India.

Leigh Leigh's Virginia Reports.

Leo., or Leon. . . Leonard's Eng. King's Bench Reports.

Lester Lester's Georgia Reports.

Lev Levinz's Eng. King's Bench Reports.

Lew. Lewis' Nevada Reports.

Lew. C. C. ... Lewin's Crown Cases, Eng. Courts.
Lex Oust .... Lex Custumaria.
Lex Mer., or Lex
Mer. Red. . . . Lex Mercatoria Rediviva, by Beawes.

Lib liber, — book.

Lit Littleton's Eng. Common Pleas and Exchequer

Reports.

Lit 8 Littleton, section.

Lit Ten. .... Littleton's Tenures.

Litt (Ky.) .... littell's Kentucky Reports.

Liv. Livre, — book.

Liz. Sc Exch. . . Lizar's Scotch Exchequer Cases.

LI Leges, — laws.

Loc. dt Loco citato, — in the place cited.

Lofft Lofft's Eng. Kmg's Bench Reports.

Longf. & T. . . . Longfield <& Townsend's Irish Exchequer Reports.
Lorenz (Ceylon) . Lorenz's Ceylon Reports.

Low Lowell's Decisions, U. S. Dist. of Massachusetts,

Low. Can. Repts. . Lower Canada Reports.

Low. C. Seign. . . Lower Canada Seignorial Reports.

Lown. AM.... Lowndes & Maxwell's Eng. Bail Court Reports.

Lown. M. & P. . Lowndes, MaxweU, & Pollock's Eng. Bail Court

Reports.

Luc Lucas' Eng. Reports (10 Modem).

Lttdd. Ludden's Maine Reports.

Lut Lutwyche's Eng. Common Pleas Reports.

Lyne Lyne's Irish Chancery Reports.

M Queen Mary.

I M The first year of the reign of Queen Mary.

M Michaelmas Term; Mortgage.

M. C. C Moody's Crown Cases.

M. G. ft S. ... Manning, Granger, & Scott's Eng. Common Pleas

Reports; Common Bench Reports, vols. 1-8.

M. R. Master of the Rolls.

MS Manuscript; Manuscript Reports.

M. & C Myhie & Craig's Eng. Chancery Reports.

M. ft G Manning & Granger's Eng. Common Pleas Ren-

ports.

M. ft Gel Maddock ft Gelhart's Eng. Chancery Reports.

3

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Google

34 ABBREVIATIONS

M. & Gor<L . . . Macnaghten & Gordon's Eng. Common Fleas
Reports.

M. & H Murphy & Hurlstone's Exchequer Reports.

M. & K. .... Mylne & Keen's Eng. Chancery Reports.

M. & M Moody & Malkin's Eng. Nisi Prius Reports.

M. & P. .... Moore & Payne's Eng. Common Pleas and Ex-
chequer Reports.

M. & R. .... Manning & Ryland's Eng. King's Bench Reports.

M. & R. M. C. . . Manning & Ryland's Magistrate Cases, Eng. King's
Bench.

M. & Rob. . . . Moody & Robinson's Eng. Nisi Prius Cases.

M. & S Maule & Selwyn's Eng. King's Bench Reports.

M. & S., or M. &
Scott Moore & Scott's Eng. Common Pleas Reports.

M. & W Meeson & Welsby's Eng. Exchequer Reports.

M. & Y Martin & Verger's Tennessee Reports.

McAll McAllister's Reports, U. S. Dist. of California.

McArfh. .... McArthur's Reports, Dist. of Columbia.

MacAr. & Mackey MacArthur & Mackey, District of Columbia Su-
preme Court Reports.

McCahon .... McCahon's Reports, Supreme Court of Kansas, and
U. S. Courts, Dist. of Kansas.

McCart .... McCarter's Chancery Reports, New Jersey Equity,
vols. 14-15.

McClain Cas. Car. McClain's Cases on Carriers.

McC.Cas. Const. L. McClain's Cases on Constitutional Law.

McCook McCook's Ohio Reports.

McCord McCord's South Carolina Law Reports.

McCord Ch. . . . McCord's South Carolina Chancery Reports.

McCork McCorkle's Reports, North Carolina, vol. 65.

McCrary .... McCrary's United States Circuit Court Reports.

McGloin .... McGloin's Louisiana Court of Appeals Reports.

McL., or McLean . McLean's Reports, U. S. Circuit Court, 7th Circuit.

McMull McMuUan's South Carolina Law Reports.

McMull. Ch., or
McMull. Eq. . . McMuUan's South Carolina Chancery Reports.

Macas Macassey's New Zealand Reports.

Macdes Macclesfield's Eng. Reports, (10 Modem).

Macf Macfarlane's Reports, Scotch Jury Courts.

Mackey Mackey 's District of Columbia Supreme Court

Reports.

Macn Macnaghten's (W. H.) Reports, India.

Macn. F F. Macnaghten's Reports, India.

Macn. & G. . . . Macnaghten & Gordon's Eng. Chancery Reports.

Macph Macpherson's Cases, Court of Session Cases, 3d

Series.

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Google

ABBREVIATIONS 35

Macq. H. L. Ca& Macqueen's HouBe of LordB Cafies, Appeals from
Scotland.

Mad<L Maddock's Eng. Chancery Reports.

Madd. & G. . . . Maddock & Geldart's Reports, £2ng. Chancery,

(vol. 6, Maddock's Reports).
Mag. Char. . . . Magna Charta.
Mag. (Md«), or

Magr Magnider's Reports, Maryland, vob. 1-2.

Maine Maine Reports.

Maine Anc L. . . Maine on Ancient Law.

Man Manning's Eng. Court of Revision Reports.

Man. Gr. & S. . . Manning, Granger, & Scott's Eng. Common Pleas

Reports.
Man. & G. ... Manning & Granger's Eng. Common Pleas Reports.
Man. & R. ... Manning & Ryland's Eng. King's Bench Reports.
Man. & R. Mag.

Cas. Manning & Ryland's Magistrate Cases, Eng.

King's Bench.
Mann., or Mann.

(Mich.) .... Manning's Reports, Michigan Reports, vol. 1.

Mar. Maritime.

Mar March's Eng. King's Bench Reports.

Mar. L. Cas., or

Mar. L. Rep. . Maritime Law Cases (Crockford's), English.
Mar. L. Cas. N. S.,

or Mar. L. Rep.

N. S Maritime Law Reports, New Series (Aspinall's),

English.
Marine Ct R. . . Marine Court Reporter (McAdam's), New York.
Marr. Adm. . . . Marriott's Eng. Admiralty Reports.

Marsh Marshall's Eng. Common Pleas Reports.

Marsh. Ky., or

Marsh. A. K. .A. K. Marshall's Kentucky Reports.
Marsh. Calc. . . Marshall's Calcutta Reports.
Marsh. Dec. . . . Brockenbrough's Reports, Marshall's U. S. Circuit

Court Decisions.
Marsh. J. J. . . .J. J. Marshall's Kentucky Reports.
Mart (Cond. La.). Martin's Condensed Louisiana Reports.
Mart. (Ga.) . . . Martin's Georgia Reports.
Mart (Ind.) . . . Martin's Indiana Reports.
Mart,orMart(La.) Martin's Louisiana Reports.
Mart N. S., or

Mart (La.) N. S. Martin's Louisiana Reports, New Series.
Mart (N. C.) . . Martin's North Carolina Reports.
Mart. & Y. ... Martin & Yerger's Tennessee Reports.
Maryland .... Maryland Reports.

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Google

36 ABBREVUTIONS

Mas Mason's Reports, U. S. Circuit Court, let Circuit.

Mass Massachusetts Reports.

Mats Matson's Connecticut Reports.

Matth. (W. Va.) . Matthew's West Virginia Reports, vol. 6.
Mao. & Sel. . . . Maule & Selwyn's Eng. King's Bench R^x>rt0.

Max Maxims.

May Grim. L. . . May's Criminal Law.
May Ins. .... May on Insurance.

Mayn. Maynard's Reports, 1st Year Book.

Md Maryland Reports.

Md. Ch. .... Maryland Chancery Decisions, (Johnson's).

Me Maine Reports.

Medd. ..... Meddaugh's Michigan Reports.

Mees. & Wels. . Meeson & Welsby's Eng. Exchequer Reports.

Meigs Meigs' Tennessee Reports.

Menz Menzie's Cape of Good Hope Reports.

Mar., or Meriy. . Merivale's Eng. Chancery Reports.
Met, or Mete.
(Mass.) .... Metcalf's Reports, Massachusetts Reports, vols.
42-54.
Mete (Ky.) . . . Metcalfe's Kentucky Reports.
Mich Michigan Reports.

Miles Miles' Pa. Reports.

Mill. (La.) .... Miller's Louisiana Reports.

MiU. (Md.) . . . Miller's Maryland Reports.

Bfill. Dec U. S. . Miller's Decisions, U. S. Supreme Court Reports,
Condensed (Continuation of Curtis').

MilLDeCiOrMUL

Op Miller's Decisions, U. S. Circuit Coiurt (Wool-
worth's Reports).

Milw., or Milw.
Ecd Milward's Reports, Irish Prerogative, Ecclesi-
astical.

Min. Minor's Alabama Reports.

Minn Minnesota Reports.

Minor Minor's Alabama Reports.

Min. Conf. L. . . Minor on the Conflict of Laws.

Mir. Jus Home's Mirror of Justices.

Misc. R. . . . . Miscellaneous Reports, New York.

Miss Mississippi Reports.

M'Mul. Ch. (S. C.) M'Mullan's South Carolina Equity Reports.

M'MuL L. (S. C.) M'Mullan's South Carolina Law Reports.

Mo J. B. Moore's Eng. Conmion Pleas Reports.

Mo Missouri Reports.

Mo. App Missouri Appeal Reports.

Mod. Modem Reports, English.

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Google

ABBREVUTIONS 37

Mod. Ca& . . . Modern Cases, (6 Modem Reports).

Mod. Cas. L. & Eq. Modem Cases in Law and Equity (8 and 9 Modem
Reports).

MoL Molloy's Irish Chancery Reports.

Mon., or Monagh. Monaghan's Unreported Cases, Pennsylvania.

Mon.| or Monr., or
Mon. T. B. . . T. B. Monroe's Kentucky Reports.

M n. B.y o r
Monr. B. . . . Ben Monroe's Kentucky Reports.

Mont Montana Reports.

Mont L. Rep. Su-
per. Ct . . . . Montreal Law Reports, Superior Court.

Mo Missouri Reports.

Montr. L. R. . . Montreal Law Reports.

Moo Francis Moore's Reports, English. If numbered it

refers to J. B. Moore's Reports, infra.

Moo. C. Cas. . . Moody's Eng. Crown Cases.

Moo. C. P. ... J. B. Moore's Eng. Conunon Pleas Reports.

Moo. L App. . . . Moore's Reports, Eng. Privy Council, Indian
Appeals.

Moo. J. B. ... J. B. Moore's Eng. Conunon Pleas Reports.

Moo. P. C. Cas. . Moore's Eng. Privy Council Cases.

Moo. P. C. Cas.
N. S Moore's Eng. Privy Council Cases, New Series.

Moo. & M. ... Moody & Mackin's Eng. Nisi Prius Cases.

Moo. & P. ... Moore & Payne's Eng. Conunon Pleas Reports.

Moo. & R. ... Moody & Robinson's Eng. Nisi Prius Cases.

Moo. & Sc . . . Moore & Scott's Eng. Common Pleas Reports.

Moore (Ark.) . . Moore's Arkansas Reports.

Moore AW.... Moore & Walker's Reports, Texas, vols. 22-24.

Mor. Min. Rep. . Morrison's Mining Reports.

Morr Morris' Iowa Reports.

Morr. (Bomb.) . . Morris' Bombay Reports.

Morr. (Cal.) . . . Morris' California Reports.

Morr. (Jamaica.) . Morris' Jamaica Reports.

Morr. (Miss.) . . Morris' Mississippi Reports.

Morris & Har. . . Morris & Harrington's Sudder Dewanny Adswlut
Reports, Bombay.

Morse Bk. . . . Morse on Banks and Banking.

Morse Ezdu Rep. Morse's Exchequer Reports, Canada.

Mort Morton's Bengal Reports.

Mos. Mosley's Eng. Chancery Reports.

Mumf. (Jamaica) . Mumford's Jamaica Reports.

Mnnf Munford's Vii^ginia Reports.

Mar. & H. ... Miuphy & Hurlstone's Eng. Exchequer Reporta.

Misrph. Miuphy's North Carolina Reports.

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Google

38 ABBREVIATIONS

Murray (Ceylon). Murray's Ceylon Reports.

Murray (New
South Wales) . Murray's New South Wales Reports.

Myl. & C Mylne & Craig's Eng. Chancery Reports.

Myl. & K. . . . . Mylne & Keen's Eng. Chancery Reports.

N. A Non allocatur, -^ it is not allowed.

N. B Nulla bona, — no goods.

N. B New Brunswick Reports.

N. C North Carolina Reports; New Cases.

N. Chip N. Chipman's Vermont Reports.

N. D North Dakota Reports.

N. £. Rep. . . . Northeastern Reporter.

N. £• L Non est inventus.

N. F. Newfoundland Reports.

N. H New Hampshire Reports.

N. J New Jersey Reports.

N. J. Ch., or N. J.
Eq New Jersey Equity Reports.

N, J. Law .... New Jersey Law Reports.

N. L. Nelson Lutwyche's Eng. Common Pleas Reports.

N. Mez. .... New Mexico Reports.

N. P Nisi Prius; Notary Public; Nova Placita; New

Practice.

N. P. C Nisi Prius Cases.

N. R. Not reported.

N. S New Series; Nova Scotia Reports.

N. S. W. L. R. . . New South Wales Law Reports.

N. T. Repts. . . . New Term Reports, Eng. Queen^s Bench.

N. W. P. .... Northwest Provinces Reports, India.

N. W. Reptr. . . Northwestern Reporter.

N. Y. New York Court of Appeals Reports.

N. Y. Cit H. Rec. New York City Hall Recorder.

N. Y. Iftlsc. . . . New York Miscellaneous Reports.

N. Y. Sup. Ct . . New York Superior Court Reports.

N. Y. Supr. Ct.
Repts. (T. & C.) New York Supreme Court Reports, by Thompson
and Cook.

N. Y. Term R. . . New York Term Reports, by Caines.

N. Z., or N. Z. Rep. New Zealand Court of Appeals Reports.

N. Z. App. Rep. . New Zealand Appeal Reports.

N. & H Nott & Huntington's Reports, U. S. Court of

Claims Reports, vols. 1-7.

N. & Hop Nott & Hopkins' Reports, U. S. Court of Claims Re-
ports, vols. 8-29.

N. & M Neville & Manning's Eng. King's Bench Reports.

N. & McC. . . . Nott & McCord's South Carolina Reports.

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ABBREVIATIONS 39

N. & P Neville & Perry's Eng. Queen's Bench Reports.

Nat Brev Natura Brevium.

Nd. Newfoundland Reports.

Neb Nebraska Reports.

Nell (Ceylon) . . Nell's Ceylon Reports.

Nels Nelson's Eng. Chancery Reports.

Nev. Nevada Reports.

Nev. & M. ... Neville & Manning's Eng. King's Bench Reports.

Nev. & P Neville & Perry's Eng. Common Pleas Reports.

New Br. .... New Brunswick Reports.

New York . . . SeeN.Y.

Newf. Newfoundland Reports.

Nlent CuL .... Nient culpable, — not guilty.

Non CuL .... Non culpabilis, — not guilty.

Nor. Fr. Norman French.

Norr. Norris' Pa. Reports.

North. Northington's Eng. Chancery Reports, Eden's Re-
ports.

Northwest Rep. . Northwestern Reporter.

Nott & H. . . . . Nott & Huntington's Reports, U. S. Court of Claims
Reports, vols. 1-17.

Nott & Hop. . . . Nott & Hopkins' Reports, U. S. Court of Claims,
vols. 8-29.

Nott&McC. . . Nott & McCord's South Carolina Reports.

Nov. Sc .... Nova Scotia Supreme Court Reports.

Nova Scotia L. Rep. Nova Scotia Law Reports.

O Ohio Reports; Otto's Reports, U. S. Supreme

Court Reports, vols. 91-107.

O. C Orphans' Court.

O.S. Old Series.

0. St Ohio State Reports.

Ogd Ogden's Reports, Louisiana Annual.

Ohio Ohio Reports.

Ohio C. C. ... Ohio Circuit Court Reports.
Ohio St .... Ohio State Reports.
OkUu Oklahoma Reports.

01. Prcc Oliver's Precedents.

Oldr Oldright's Nova Scotia Reports.

OIL B. & Fitz.
(New Zealand) . OUivier, Bell, k Fitzgerald's New Zealand Re-
ports.
OIL Bell & Fitz.

Sup OUivier, Bell, & Fitzgerald's Supreme Court New

Zealand Reports.

Ont Ontario Reports.

Ont App. Rep. . . Ontario Appeal Reports, Canada.

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Google

40 ABBREVIATIONS

Or. Oregon Reports.

Oreg. Oregon Reports.

Orl. Bridg. . . . Orlando Bridgman's Eng. Ck>mmon Pleas Reports.

Ori. T. R. . . . . Orleans Term Reports, vols. 1 and 2, Martin's Re-
ports, Louisiana.

Orm. Ormond's Reports, Alabama, New Series.

Otto Otto's U. S. Supreme Court Reports.

Out Outerbridge's Pa. Reporte.

Over Overton's Tennessee Reports.

Ow.» or Owen . . Owen's Eng. King's Bench and Common Pleas
Reports.

Owen (New South
Wales) .... Owen's New South Wales Reports.

P. C Privy Council; Prize Court; Probate Court; Par-

liamentaiy Cases; Pleas of the Crown; Practice
Cases; Prize Cases; Precedents in Chancery;
Proc^ure Civile; Penal Code; Political Code.

P. C. App. .... Privy Council Appeals, English Law Reports.

P. C, C Privy Council Cases.

P. C. Rep Privy Council Reports, English.

P. Div, Probate Division, Eng. Law Reports.

P. £. L Rep. . . . Prince Edward Island Reports (Habiland's).

P. P. S. P. F. Smith's Pa. Reports.

P. L Pamphlet Laws; Public Laws; Poor Laws.

P. R. Pennsylvania Reports, by Penrose k Watts.

P. R. Pyke's Reports, Canada.

P. R. U. C. ... Practice Reports, Upper Canada.

P. S. R. Pennsylvania State Reports.

P. W., or P. Wms. Peere Williams' Eng. Chancery Reports.

P. & C Prideaux & Cole's Eng. Reports.

P. & D Perry & Davidson's Eng. Queen's Bench Reports.

P. & H Patton & Heath's Virginia Reports.

P. & M Philip & Mary; Pollock & Mutland's History.

z P. & M. ... The first year of the reign of Philip & Mary.

P. & W. .... Penrose and Watts' Pennsylvania Reports.

Pa. Pennsylvania Reports.

Pa. Co. Ct R. . . Pennsylvania County Court Reports.

Pa. Dist R. . . . Pennsylvania District Reports.

Pa. St Pennsylvania State Reports.

Pac. Rep Pacific Reporter.

PaL, Paige, or
Paige Ch. . . . Paige's New York Chancery Reports.

Paine Paine's Reports, U. S. Circ. Ct., 2d Circuit.

Palm. Palmer's Eng. King's Bench Reports.

Palm. (Vt) . . . Palmer's Vermont Reports.

Pamph Pamphlet.

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Google

ABBREVIATIONS 41

Papy Pap/B Florida Reports.

Par Parker's Eng. Exchequer Reports.

Par. Paragraph.

Park Parker's Eng. Exchequer Reports.

Park. Cr. Cas., or

Park. Cr. Rep. . Parker's Criminal Reports, New York.
Park. (N. H.) . . Parker's New Hampshire Reports.
Park. Rev. Cas. . Parker's Eng. Exchequer Reports (Revenue Cases).
Pars. Part . . . Parsons on Partnership.
Pars. Cont . . . Parsons on Contracts.

Pas. Terminus Paschae, — Easter Term.

Pasch. Paschal's Texas Reports.

Pat App. Cas. . . Paton's Scotch Appeal Cases, Eng. House of Lords;

Craigie, Stewart, & Paton's Reports.
Pat Off. Gaz. . . Official Gazette, U. S. Patent Office, Washmgton,

D.C.
Pat&H.,orPattoii

& H. Patton & Heath's Virginia Reports.

Pat & Mur. . . . Paterson & Murray's New South Wales Reports.
Peak., or Peak.

N. P. Cas. . . . Peake's Eng. Nisi Prius Cases.
Peck (HI.) .... Peck's Illinois Reports, (11-38 Illinois).
Peck, or Peck

(Tenn.) .... Peck's Tennessee Reports.
Peere Wms., or

Peere Williams. Peere Williams' Eng. Chancery Reports.

Pen. Pennington's New Jersey Law Reports.

Penning. .... Pennington's New Jersey Law Reports.

Penny Pennypacker's Pennsylvania Reports.

Penr. & W. ... Penrose & Watts' Pennsylvania Reports.

Per. & Dav. . . . Perry & Davison's Eng. Queen's Bench Reports.

Per. C. L. PL . . Perry on Common Law Pleading.

Perry Tr Perry on Trusts and Trustees.

Pet, or Peters . . Peters' U. S. Supreme Court Reports.
Pet C.C., or Peters

C. C Peters' Reports, U. S. Cmxuit Court, 3d Circuit.

Ph., or Phil. . . . Phillips' Eng. Chancery Reports.

Phihu Philadelphia Reports, Common Pleas of Philsr

delphia County.

PhilL Phillimore's Eng. Ecclesiastical Reports.

Phill. Eq Phillips' North Carolina Equity Reports.

Phi]]. Law (If. C.) Phillips' North Carolina Law Reports.

Pick Pickering's Massachusetts Reports.

Pickle Pickle's Tennessee Reports.

Pike Pike's Arkansas Reports.

Pinn. Pinney's Wisconsin Reports.

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42 ABBREVUTIONS

Pitts. Repts. . . . Pittsburgh Reporte, Pennsylvania.

PL C Placita Coronfle, — Pleas of the Crown.

Po. Ct Police Court.

Pol Pollexfen's Eng. King's Bench Reports.

Poll. & Maitl. . . Pollock & Maitland's History of Eng. Law.
Pom. Cod. Rem. . Pomeroy's Code Remedies.

Poph Popham's Eng. King's Bench Reports.

Port Porter's Alabama Reports.

Port (Ind.) . . . Porter's Indiana Reports.

Post Post's Michigan Reports.

Post (Mo.) .... Post's Reports, Missouri, vol. 64.

Poth. Obi Pothier on Obligations.

Pr. Exch Price's Eng. Exchequer Reports.

Pr. & Div Probate and Divorce.

Pref. Preface.

Price, or Price

Ezch. Price's Eng. Exchequer Reports.

Prick. (Id.) . . . Prickett's Idaho Reports.

Pugs Pugsley's New Brunswick Reports.

Pugs. & Bur. . . Pugsley & Burbridge's New Brunswick Reports.

Puis. Pulsifer's Maine Reports.

Pyke Pyke's Reports, Lower Canada, King's Bench.

Q Question; Quorum.

Q. B Court of Queen's Bench.

Q. B. U. C. ... Queen's Bench Reports, Upper Canada.

Q. C Queen's Counsel.

Q. S Quarter Sessions.

Q. t Qui tam, — who as well.

Q. V Quod vide, — which see.

Q. War Quo warranto, — by what authority.

Qua. cL fr. ... Quare clausum f regit, — because he had broken the

close.
Quebec L. Rep. . Quebec Law Reports.
Queens. L. R. . . Queensland Law Reports.

Quin Quincy's Massachusetts Reports.

Quo. War Quo warranto.

R. Resolved; Repealed; Revised; Revision; Rolls;

King Richard.

z R. nL The first year of the reign of King Richard III.

R. (Pa.) Rawle's Pennsylvania Reports.

R. L Rhode Island Reports.

R. L. & S Ridgeway, Lapp, & Schoales* Irish King's Bench

Reports.
R. L. & W. ... Roberts, Leaming, & Wallis' Eng. County Court

Reports.
R. M. Charit . . R. M. Charlton's Georgia Reports.

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Google

ABBREVIATIONS 43

R. S Revised Statutes.

R. P. & W. (Pa.). (Rawle) Penrose & Watts' Pennsylvania Reports.
R. & M., or R. &

My Russell & Mylne's Eng. Chancery Reports.

R. & M. C. C. . . Ryan & Moody's Eng. Crown Cases Reserved.

R. & M. N. P. . . Ryan & Moody's Eng. Nisi Prius Cases.

R. & R. C. C. . . Russell & Ryan's Eng. Crown Cases Reserved.

Rand. Randolph's Virginia Reports.

Rand. (Kan.) . . Randolph's Kansas Reports.
Rand. (La.). . . . Randolph's Reports, Louisiana Annual Reports,
vols. 7-n.

Raney Raney's Florida Reports.

Rawle Rawle's Pennsylvania Reports.

Raym., or Raym.

Ld Lord Raymond's Eng. King's Bench Reports.

Raym. T T. Raymond's Eng. King's Bench Reports.

Rec Recorder.

Rec. Dec .... Vaux's Recorder's Decisions, Philadelphia.

Reding Redington's Maine Reports.

Reed Con. L. S. . Reed on the Conduct of Law Suits.
Reeve Eng. L., or

Reeve H. £. L. Reeve's History of the English Law.
Reeves R. P. . . Reeves on Real Property.

Rep Repealed; Reports; Repertoire.

Res. Cas Reserved Cases.

Rev. Reversed; Revised; Revenue.

Rev. Stat .... Revised Statutes.

Reyn. Reynold's Mississippi Reports.

Rice Rice's South Carolina Law Reports.

Rice Ch. .... Rice's South Carolina Chancery Reports.

Rich. Richardson's South Carolina Law Reports.

Rich. (N. H.) . . Richardson's Reports, New Hampshire Reports,

vols. 3-5.
Rich. Ch., or Rich.

Eq Richardson's South Carolina Chancery Reports.

Rich. N. S. ... Richardson's South Carolina Reports, New Series.

Ridg. App Ridgeway's Irish Appeal Cases.

Ridg. L. & S. . . Ridgeway, Lapp, & Schoales' Reports (Irish Term

Reports).
Ridg. P. C. ... Ridgeway's Irish Appeal (Parliamentary) Cases.

Riley Riley's South Carolina Law Reports.

Rob Robinson's Eng. House of Lords Reports, Scotch

Appeals.
Rob. (Cal.) . . . Robinson's California Reports.
Rob. (Hawaii) . . Robinson's Hawaiian Reports.
Rob. (La.) .... Robinson's Louisiana Reports.

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Google

44 ABBREVIATIONS

Rob. (La. Ann.) . Robinson'e Reports, Louisiana Annual, vols. 1-4.

Rob. (Mo.) . . . Robard's Missouri Reporta.

Rob. (Nev.) . . . Robinson's Reports, Nevada Reports, vol. 1.

Rob. (Va.) .... Robinson's Virginia Reports.

Rob. Adm., or Rob.

Chr Chr. Robinson's Eng. Admiralty Reports.

Rob. Am. J. . . , Robinson's American Jurisprudence.

Rob. App Robinson's Eng. House of Lords Reports, Sootcb

Appeals.
Rob. Chr. Adm. . Chr. Robinson's Eng. Admiralty Reports.
Rob. El. L. . . . Robinson's Elementary Law.
Rob. For. Or. . . Robinson's Forensic Oratory.
Rob. Jr., or Rob.

Wm. Wm. Robinson's Eng. Admiralty Reports.

Rob. Pr. .... Robinson's Practice.

Rob. S. I Robinson's Reports, Sandwich Islands.

Rob. Sc. App. . . Robinson's Eng. House of Lords Reports, Scotch

Appeab.
Rob. U. C. ... Robinson's Reports, Upper Canada.
Rob. (Wm.) Adm. Wm. Robinson's Eng. Admiralty Reports.
Rob. & J. . . . . Robard & Jackson's Reports, Texas Reports, vob.

26-27.
Robert ..... Robertson's Eng. House of Lords Reports, Scotch

Appeals.
Robt (N. Y.) . . Robertson's Reports, New York City Superior Court

Reports, vols. 24-30.
Rodm. (Ky.) . . . Rodman's Kentucky Reports, vob. 78-^2.

Rolle Abr RoUe's Abridgment.

Rolls Ct Rep. . . Rolb Court Reports, English.

Root Root's Connecticut Reports.

Rowell Rowell's Vermont Reports.

Rt Law Repts. . Rent Law Reports, India.

Ruff RuflSn's Reports, North Carolina (vol. 1, Hawk's

Reports).

Rimn Runnell's Iowa Reports.

Russ Russell's Eng. Chancery Reports.

Russ. & Ches. . . Russell & Chesley's Nova Scotia Reports.
Russ. & Ches. Eq. Russell & Chesley's Nova Scotia Equity Reports.
Russ. & Geld. . . Russell & Geldert's Nova Scotia Reports.
Russ. & M. . . . Russell & Mylne's Eng. Chancery Reports.
Russ. & R. ... Russell & Ryan's Eng. Crown Cases Rcser\'od.
Ry. & M. C. C. . Ryan & Moody's Eng. Crown Cases Reserved.
Ry. & M. N. P. . Ryan & Moody's Eng. Nisi Prius Reports.

s., or § Section.

S Shaw & Dunlop's Reports, Scotch Court of Session

(1st Series).

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ABBREVIATIONS

45

S.App

O* A» ijm Rm

S.C

s. c

S. C. Rep

S.Dak

S. E. Rep

S* r • A» .....

S. Just

S.L

S. L. C

S.P

S. Teinds ....
S.V.A.R. . . .
S. W« Rep* . . .

S.&B

S. & D, . . .

S.&L.

S. & M.» or S. &
M'L.

S. & M., or S. &
Mar.

S. & M. Ch., or S.

& Mar. Ch.
S. & R.
S.&S. .
S. &SC.
S» & Sin.
S.&T. .

Salk. ....
Sand. Inst,
Sand. Just
Sandf . Ch.
Sanf. (Ala.)
Sau. & Sc.
Saund. . .
Saund. & C.
Sausse & Sc.

Sav

Say. Hist Rom. L.
Sav. Obi

Shaw's Appeal/Cases, Scotland.

South Australian Law Reports.

Same case; Senatui^-Consulti; Session Cases; Su-
perior Court; Supreme Court.

South Carolina Reports.

Supreme Court Reports.

South Dakota Reports.

Southeastern Reporter.

Sudder Foujdaree Adawlut Reports, India.

Shaw's Justiciary Cases, Scotch.

Session Law; Solicitor at Law; Statute Law.

Stuart's Lower Canada Appeal Cases.

Same point; Same principle.

Shaw's Teinds Cases, Scotch Courts.

Stuart's Vice-Admiralty Reports, Lower Canada.

Southwestern Reporter.

Smith & Hatty's Irish King's Bench Reports.

Shaw & Dunlop's Scotch Court of Session (Ist
Series).

Schoales & Lefroy's Irish Chancery Reports.

Shaw & Maclean's Appeal Cases, Eng. House of
Lords.

Smedes & Marshall's Reports, Mi
vob. 9-22.

ppi Reports,

Smedes & Marshall's Mississippi Chancery Reports.
Sargeant & Rawle's Pa. Reports.
Simon & Stuart's Eng. Chancery Reports.
Sausse & Scully's Irish Chancery Reports.
Searle & Smith's Eng. Probate and Divorce Reports.
Swabey & Tristram's Eng. Probate and Divorce

Reports.
Salkeld's Eng. Reports.

Sandar's Institutes of Justinian.
Sandford's New York Chancery Reports.
Sanford's Alabama Reports.
Sausse & Scully's Irish Chancery Reports.
Saunders' Eng. King's Bench Reports.
Saunders & Cole's Eng. Bail Court Reports.
Sausse & Scully's Irish Chancery Reports.
SaviUe's Eng. Common Pleas Reports.
Savigny's History of the Roman Law.
Savigny on Obligations.

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46 ABBREVIATIONS

Saw Sawyer's Reports, U. S. Circuit Court, 9th Circuit.

Sax., or Saxt Ch. . Saxton's Chancery Reports, New Jersey Equity

Reports, vol. 1.

Say Sayer's Eng. King's Bench Reports.

Sch. B. & C. . . . Schouler on Baihnents and Carriers.
Sch. Dom. Rel. . Schouler on Domestic Relations.
Sch. Pers. Prop. . Schouler on Personal Property.

Sc Scott's Eng. Common Pleas Reports.

Sc Scilicet, — that is to say.

Sd. fa. Scire facias.

SdL Scilicet, — that is to say.

See Scott's Eng. Conmion Pleas Reports.

See. N. R. . . . . Scott's New Reports, Eng. Conunon Pleas.

Scot Scotland; Scottish.

Searle & Sm. . . Searle & Smith's Eng. Probate and Divorce Reports.

sec, or § Section.

Sec. leg Secundum legem, — according to law.

Sec. reg. .... Secundiun regulam, — according to rule.
Sedg. £1. Dam. . Sedgwick's Elements of Damages.

Seign Seigniorial Reports, Quebec.

Sel. Cas. D. A. . . Select Cases, Sudder Dewanny Adawlut, India.
Seld., or Seld. (N.
Y.) Selden's Reports, New York Ct. of Appeals Re-
ports, vob. 5-10.
Serg. & Rawle . . Sergeant & Rawle's Pa. Reports.

Sess. Cas Session Cases, Eng. King's Bench.

Bess. Cas. Sc. . . Session Cases, Scotch Court of Session.

Sev Sevestre's Calcutta Reports.

Sev. S. D. A. . . Sevestre's Sudder Dewanny Adawlut Reports,

Bengal.
Sh. Shaw's Reports, Scotch Court of Session, First

Series.
Sh. App Shaw's Appeal Cases, Eng. House of Lords, Appeals

from Scotland.
Sh. W. & C. . . . Shaw, Wilson, & Courtnay's Eng. House of Lords

Reports, Scotch Appeals (Wilson and Shaw's

Reports).
Sh. & Dunl. . . . Shaw & Dunlop's Reports, First Series, Scotch

Court of Session.
Sh. & Mad. . . . Shaw & Maclean's Appeal Cases, Eng. House of

Lords.

Shand Shand's South Carolina Reports.

Sharsw. Leg. Efh. Sharswood's Legal Ethics.

Shaw Shaw's Reports, First Series, Scotch Court of

Session.
Shaw (Vt) . . . Shaw's Vermont Reporta,

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ABBREVIATIONS

47

ShawApp. . . . Shaw's Appeal Cases, Eng. House of Lords, Ap-
peals from Scotland.

Shaw Jus Shaw's Justiciary Cases, Scotch Justiciary Courts.

Shaw & Dunl. . . Shaw & Dunlop's Reporto, First Series, Scotch
Court of Session.

Shaw & Mad. . . Shaw & Maclean's Scotch Appeal Cases, Eng.
House of Lords.

Shep Shepherd's Alabama Reports.

Shep. Touch. . . Sheppard's Touchstone.

Shepl Shepley's Maine Reports.

Sher. Ct Rep. . . Sheriff Court Reports, Scotland.

Shipp Shipp's North Carolina Reports.

ShirL Shirley's New Hampshire Reports.

Show. Shower's Eng. King's Bench Reports.

Sick Siokels' N. Y. Court of Appeals Reports.

Sid. Siderfin's Eng. King's Bench Reports.

Silvern. Silvemail's New York Court of Appeals Reports.

Silyem. N. Y. Sup.
Ct Silvemail's New York Supreme Court Reports.

Sim. N. S. ... Simon's Eng. Chancery Reports, New Series.

Simp. Cas. Torts. Simpson's Cases on Torts.

Sldnk Skinker's Missouri Reporte.

Sldnn. Skinner's Eng. King's Bench Reports.

Slade Slade's Vermont Reports.

Sm Smith's Eng. King's Bench Reports.

Sm. (E. D.) . . . E. D. Smith's New York Common Pleas Reports.

Sm. (Ind.) .... Smith's Indiana Reports.

Sm. (K. B.) . . . Smith's Eng. King's Bench Reports.

Sm. (Me.) .... Smith's Maine Reports.

Sm. (N. H.) . . . Smith's New Hampshire Reports.

Sm. (N. Y.) . . . Smith's New York Court of Appeals Reports, vols.
15-27.

Sm. (Pa.), or Sm.
(P.P.) .

Sm. (Wis.)

Sm. E. D. .

Sm. Eng. .

Sm. L. C. .

Sm. & Bat

Sm. & G. .

Sm. & M. .

Sm. & M. Ch.
Smale & Giff .
Smedes & M.

Smith's Pennsylvania State Reports, vols. 51-81.

Smith's Wisconsin Reports.

E. D. Smith's New York Common Pleas Reports.

Smith's Eng. King's Bench Reports.

Smith's Leading Cases.

Smith & Batty's Irish King's Bench Reports-

Smale & Giffard's Eng. Chancery Reports.

Smedes & Marshall's Mississippi Reports, vols.

9-22.
Smedes & Marshall's Mississippi Chancery Reports.
Smale & Giffard's Eng. Chancery Reports.
Smedes & Marshall's Mississippi Reports, vols.

9-22.

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48 ABBREVIATIONS

Smedes & M. Ch. Smedes & Marshall's Mississippi Chancery Reports.

Smifh See Sm.

Smy Smythe's Irish Common Pleas and Exchequer

Reports.
Sn. or Sneed . . . Sneed's Tennessee Reports.
Sneed Dec, or

Sneed Ey. . . . Sneed's Kentucky Decisions.
So. Austr. L. R. . South Australian Law Reports.
So. Car. ..'... South Carolina Reports.

So. Rep Southern Reporter.

Soufh Southard's New Jersey Law Reports.

Sp. T. Special Term.

Spear Spear's South Carolina Reports.

Spear Ch., or

Spear £q. . . . Spear's South Carolina Chancery Reports.

Spenc Spencer's New Jersey Law Reports.

Spenc. (Minn.) . . Spencer's Minnesota Reports.
Spink Spink's Eng. Admiralty and Ecclesiastical Re-
ports.

Spoon Spooner's Wisconsin Reports.

Spott Spottiswoode's Scotch Court of Session Reports.

Spott. C. L. Rep. . Spottiswoode's Common Law Reports.
Spott £q. Rep. . Spottiswoode's Eng. Equity Reports.
Spr. Sprague's Decisions, U. S. Dist. Court, Massa-
chusetts.

St State; Statute; Statutes at large.

St . . . . ^ . . Story's Reports, U. S. Circuit Court, 1st Circuit.

St ...... . Stair's Scotch Court of Sessions Reports.

St Ch. Cas. . . . Star Chamber Cases.

St P. ..'... . State Papers.

St Rep State Reports.

St Tr. State Trials.

Stair Stair's Scotch Court of Session Reports.

Stant Stanton's Ohio Reports.

Star Ch. Cas. . . Star Chamber Cases.

Stark. N. P. . . . Starkie's Eng. Nisi Prius Reports.

Stat Statute.

Stat at L. . . . . Statutes at Large.

Stat Glo Statute of Gloucester.

Stat Marl. . . . Statute of Marlbridge.

Stat Mer Statute of Merton.

Stat Westm. . . Statute of Westminster.
Stat. Winch. . . . Statute of Winchester.

State Tr State Trials.

Steph. Dig. £v. . Stephens' Digest of the Law of Evidence.
Stew. (Ala.) . . . Stewart's Alabama Reports.

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ABBREVIATIONS 49

Stew. Adm., or

Stew. V. A. . . Stewart's Vice-Admiralty Reports, Nova Sootia.
Stew. (N. J.) . • • Stewart's New Jersey Equity Reports, vols. 28-33.
Stew. & Port . . Stewart & Porter's Alabama Reports.
Stim. L. Diet . . Stimson's Law Dictionary.

Stiles Stiles' Iowa Reports.

Sto Story's Reports, U. S. Circuit Courts, 1st Circuit.

Stock Stockton's New Jersey Equity Reports.

Stock. (Md.) . . . Stockett's Maryland Reports.

Story Story's Reports, U. S. Circuit Court, 1st Circuit.

Story £q. PI. . . Story on Equity Pleading.
Stra., or Strange . Strange's Eng. Reports.

String! Stringfellow's Missouri Reports.

Strob Strobhart's South Carolina Law Reports.

Strob. Cli.,orStrob.

£q Strobhart's South Carolina Equity Reports.

Stu., or Stuart . . Stuart, Milne, & Peddie's Scotch Court of Session

Reports.
Stu. App., or Stu. K.

B., or Stu. L. C. Stuart's Reports, Lower Canada King's Bench.
Stu. Adm., or Stu.

V. A. Stuart's Vice-Admiralty Reports, Lower Canada.

Stu. M. & P. . . Stuart, Milne, & Peddie's Scotch Court of Session
Reports.

Sty Styles' Eng. King's Bench Reports. '

Sud. Dew. Adul. . Sudder Dewanny Adulat Reports, India.

Sud. Dew. Rep. . Sudder Dewanny Reports, N. W. Provinces, India.

Sum. Summa, — the summary of a law.

SmmL Sumner's Reports, U. S. Circuit Court, 1st Circuit.

Sup Superseded; Superior; Supreme.

Sop.y or Sopp. . . Supplement.

Suit Surrogate.

Suth Sutherland's Calcutta Reports.

Swab. Adm. . . . Swabey's Eng. Admiralty Reports.
Swab. & Triat . . Swabey & Tristram's Eng. Probate and Divorce
Reports.

Swan Swan's Tennessee Reports.

Swans Swanston's Eng. Chancery Reports.

Swift Dig. .... Swift's Digest, Connecticut.

Syme Syme's Justiciary Cases, Scotland.

T. B. Monr. . . . T. B. Monroe's Kentucky Court of Appeals Reports.
T. Jones . . . . T. Jones' Eng. King's Bench and Common Pleas
Reports.

T. R. Term Reports, Eng. King's Bench (Dumford and

East's Reports).
T. Rajm. . . . . T. Raymond's Eng. King's Bench Reports.

4

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50 ABBREVIATIONS

T. T Trinity Term.

T. U. P. Charlt . T. U. P. Charlton's Georgia Reports.

T. & C Thompson & CJook's New York Supreme Court

Reports.

T. & G Tyrwhitt & Granger's Eng. Exchequer Reports.

T. & M Temple & Mew's Reports, Eng. Criminal Appeal

T. & P Turner & Phillips' Eng. Chancery Reports.

T. & R. Turner & Russell's Eng. Chancery Reports. .

Taml Tamlyn's Ekig. Chancery Reports.

Tann. Tanner's Indiana Reports.

Taimt Taunton's Eng. Common Pleas Reports.

Tay Taylor's Upper Canada King's Bench Reports.

Tayl. (J. L.) . . . Taylor's North Carolina Term Reports.
Tayl. (U. C.) . . Taylor's Upper Canada King's Bench Reports.

Temp Tempore, — in the time of.

Tenn Tennessee Reports.

Tenn. Ch. .... Tennessee Chancery Reports (Cooper's).

Term Term Reports, Eng. King's Bench (Dumford and

East's Reports).
Term N. C. . . . Term Reports, North Carolina, (Taylor's).

Terr Terrell's Texas Reports; Territory.

Terr. & Wal. . . Terrell & Walker's Texas Reports, vols. 38-51.

Tex Texas Reports.

Tex. App Texas Court of Appeals Reports.

Tex. Cr. App. . . Texas Criminal Appeals.

Tex. Civ. App. . . Texas Civil Appeals.

Thach. Cr. Cas. . Thacher's Criminal Cases, Massachusetts.

Thay. Ev Thayer's Preliminary Treatise on Evidence.

Thay. Cas. Ev. . . Thayer's Cases on Evidence.

Thorn. Thomas' Nova Scotia Reports.

Thom. (Wy.) . . . Thomas' Wyoming Reports.

Thorn. & Fr. . . . Thomas & Franklin's Reports, Maryland Ch. Dec,

vol. 1.
Thomp. (Cal.) . . Thompson's California Reports, vols. 39-40.
Thomp. (N. S.) . Thompson's Nova Scotia Reports.
Thomp. & C. . . Thompson & Cook's New York Supreme Court

Reports.
Tiff Tiffany's New York Court of Appeals Reports,

vols. 28-39. ,

Tinw. Tinwald's Scotch Court of Session Reports.

Tit Title.

Tobey Tobey's Rhode Island Reports.

Touch Sheppard's Touchstone.

Tread. Treadway's South Carolina Reports (Constitutional

Reports).

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ABBREVIATIONS 51

Tuck. Tucker's Surrogate Reports, New York.

Tuck Tucker's Court of Appeals, D. of C. Reports,

vols. 1-2.
Tuck. & CI. . . . Tucker & Clephane's Reports, D. of C. Reports,

vol. 21.
Tuck. Bla. Com. . Tucker's Blackstone's Commentaries.

Tup. App Tupper's Ontario Appeal Reports.

Turn. (Ark.) . . Turner's Arkansas Reports, vols. 35-48.
Turn. & Ph. . . . Turner & Phillips' Eng. Chancery Reports.
Turn. & Ru8. . . Turner & Russell's Eng. Chancery Reports.

Tutt Tuttle's California Reports.

Tutt & Carp. . . Tuttle & Carpenter's California Reports, vol. 52.

Tyler Tyler's Vermont Reports.

Tyng Tyng' Massachusetts Reports.

U. B Upper Bench.

U. C Upper Canada.

U. C. App Upper Canada Appeal Reports.

U. C. C. P. ... Upper Canada Common Pl^ Reports.

U. C. Cham. . . . Upper Canada Chambers Reports.

U. C. Chan. . . . Upper Canada Chancery Reports.

U. C. £. & A. . . Upper Canada Error and Appeals Reports.

U. C. O. S. ... Upper Canada Queen's Bench Reports, Old Series.

U. C. Q. B. ... Upper Canada Queen's Bench Reports.

U. C. Q. B. O. S. . Upper Canada Queen's Bench Reports, Old Series.

U. K. United Kingdom.

U. S United States Reports.

U. S. App United States Appeals, Circuit Courts of Appeals.

U. S. R. S. ... United States Revised Statutes.
U. S. Stat .... United States Statutes at Large.
Up. Can. . . . . See U. C.

Utah Utah Reports.

V. Versus; Victoria; Victorian.

V. A. C, or V.

Adm. Vice-Admiralty Court.

V. C Vioe-Chancellor; Vice-Chancellor's Court.

V. C. Rep Vice-Chancellor's Reports, English.

V. & B Vesey & Beames' Eng. Chancery Reports.

V . ft S. Vernon & Scriven's Irish King's Bench Reports.

Va. Virginia Reports.

Va. Cas Virginia Casep.

Va. R. Gilmer's Virginia Reports.

VanK. Van Koughnet's Upper Canada Com. Pleas Reports,

vols. 15-21.
Van Ness .... Van Ness' Reports, U. S. District Courts, New

York.
Vatigh. Vaughan's Eng. Common Pleas Reports.

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52 ABBREVIATIONS

Vaux Vaux's Recorder's DecisionB, Philadelphia.

Veaz Veazey's Vermont Reports.

Venn. Vermont Reports.

Vem. Vernon's Eng. Chancery Reports.

Vem. & Sc. ... Vernon & Scriven's Irish King's Bench Reports.

Yes Vesey, Senior's, Eng. Chancery Reports.

Ves. Jun Vesey, Jmiior's, Eng. Chancery Reports.

Ves. & Beam. . . Vesey & Beames' Eng. Chancery Reports.

Vic, or Vict . . . Queen Victoria.

Vict L. R. . . . . Victorian Law Reports, Colony of Victoria.

Vict Rep Victorian Reports, Colony of Victoria.

Vin. Abr Viner's Abridgment.

Vin. Supp Supplement to Viner's Abridgment.

Vir Virgin's Maine Reports.

Virg Virginia Reports.

Virg. Cas Virginia Cases.

Viz Videlicet, — that is to say.

Voor. Ar Voorhees on Arrest.

Vr., or Vroom . . Vroom's New Jersey Law Reports, vols. 30-^56.

Vs Versus.

Vt Vermont Reports.

W. King William.

I W. I The first year of the reign of King William I.

W. Bla. William Blackstone's Eng. King's Bench and Com-
mon Pleas Reports.
W. C. C Washington's Circuit Court Reports, U. S., 3d

Circuit.
W. H. & G, . . . Welsby, Hurlstone, & Gordon's Eng. Exchequer

Reports, vols. 1-9;
W. Jones .... Wm. Jones' Eng. Reports.
W. Kel Wm. Kelynge's Eng. King's Bench and Chanoeiy

Reports.
W. N. Cas. . . . Weekly Notes of Cases, Philadelphia.
W. Ty. R. . . . . Washington Territory Reports.
Wash. R. . . . . Washington Reports.

W. Va. West Virginia Reports.

W. W. & D. . . . WiUmore, Wollaston, & Davison's Eng. Queen's

Bench Reports.
W. W. &H. . . . Willmore, Wollaston, & Hodge's Eng. Queen's

Bench Reports.

W. AM WiUiam&Mary.

W. & M Woodbury & Minot's Reports, U. S. Circuit Court,

Ist Circuit.

W. & S Watts & Sergeant's Pa. Reports.

W. & S. App. . . Wilson & Shaw's Scotch Appeals, Eng. House of

Lords.

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ABBREVIATIONS 53

Wa. Wales.

Wa. Watts' Pa. Reports.

Walk. Am. L. . . Walker's American Law.
Walk. (Mich.) . . Walker's Michigan Chancery Reports.
Walk. (Miss.) . . Walker's Mississippi Reports, vol. 1.
Walk. (Tex.) . . Walker's Texas Reports, vol. 25.

WalL Wallace's U. S. Supreme Court Reports.

Wall. C. C. ... Wallace's Reports, U. S. Circuit Court, 3d Circuit.
Wall. Jun. .... Wallace, Junior's, Reports, U. S. Circuit Court,

3d Circuit.

Wallis Wallis' Irish Chancery Reports.

Wamb. Cas. AnaL Wambaugh's Cases for Analysis.

Wamb. Cas. Ag. . Wambaugh's Cases on Agency.

Wamb. Stud. Cas. Wambaugh's Study of Cases.

Ward. (Ohio) . . Warden's Ohio State Reports.

Ward. & Sm. . . Warden & Smith's Ohio State Reports, vol. 3.

Ware Ware's Reports, U. S. District Court, Maine.

Wash Washington State Reports.

Wash. (Va.) . . . Washington's Virginia Reports.

Wash. C. C. . . . Washington's Reports, U. S. Circuit Court, 3d

Circuit.

Wash. Ty Washington Territory Reports.

Washb Washburn's Vermont Reports.

Wat (C. G. H.) . Watermeyer's Cape of Good Hope Supreme Court

Reports.
Watenneyer . . . Watermeyer's Cape of Good Hope Supreme Court

Reports.

Watts Watt's Pa. Reports.

Watts (W. Va.) . Watts' West Virginia Reports.
Watts & Ser. . . Watts & Sergeant's Pa. Reports.

Webb Webb's Kansas Reports.

Webb, A'B. & W. Webb, A'Beckett, & Williams' Victoria Reports.
Webb, A'B. & W.

£q Webb, A'Beckett, & Williams' Victoria Equity

Reports.
Webb, A'B. & W.
L P. & M. . . Webb, A'Beckett, & Williams' Victoria Insolvency,

Probate, and Matrimonial Reports.
Webb&D. . . . Webb & Duval's Texas Reports.
Welsby, H. & G. . Welsby, Hurlstone, & Gordon's Eng. Exchequer

Reports, vols. 1-9.

Wend Wendell's New York Supreme Court Reports.

West H. L. . . . West's Eng. House of Lords Reports.
West Rep. . . . Western Reporter.
West Va. .... West Virginia Reports.
Westm ' Statute of Westminster.

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54

ABBREVIATIONS

Weston . . .
Weth. (U. C.)
Wh., or Whart

Wh

Wh. Cr. Cas.
Whart, or Wh.
Wheat . . .
Wheel. . . .
Wheel. Cr. Cas.
White . . .
Whitt . . .
Wig. Ev. . .
Wig. Code Ev.
Wig. Cas. Ev.
Wight . . .
Wile ....
Wile. Cond. .
Wilk. P. & M.

Wilk. & Ow. .
Wilk. & Pat .
Will. (Mass.)
WilL (Peere) .
WIU. (Vt) . .
Willes . . .

WQliams .
^Vniliams, Peere
Willm. W. & D

Willm. W. & H.

Will. Cas. Cent
'Wils.

Wns, (CaL) .
Wils. (Ind.) .
WUs. (Oreg.)
Wils.Ch. . .
Wils. Ezch. .
Wils. & C. . .

Wils. & S.

Win., or ^^Onch .
Wins

Weston's Vermont Reports.

Wethey*8 Upper Canada Queen's Bench Reports.

Wharton's Pa. Reports.

Wheaton's U. S. Supreme Court Reports.

Wheeler's Criminal Cases, New York.

Wharton's Pa. Reports.

Wheaton's U. S. Supreme Court Reports.

Wheelock's Texas Reports.

Wheeler's Criminal Cases, New York.

White's West Virginia Reports.

Whittlesey's Missouri Reports.

Wigmore on Evidence.

Wigmore's Code of Evidence.

Wigmore's Cases on Evidence.

Wightwick's Eng. Exchequer Reports.

Wilcox's Ohio Reports.

Wilcox's Condensed Reports, Ohio.

Wilkinson, Paterson, & Murray's New South Wales

Reports.
Wilkinson & Owen's New South Wales Reports.
Wilkinson & Paterson's New South Wales Reports.
Williams' Massachusetts Reports, vol. 1.
Peere Williams' Eng. Chancery Reports.
Williams' Vermont Reports.
Willes' E^g. King's Bench and Conmion Pleas

Reports.
Williams' Massachusetts Reports.
Peere Williams' Eng. Chancery Reports.
Willmore, Wollaston, & Davison's Eng. Queen's

Bench Reports.
Willmore, Wollaston, & Hodge's Eng. Queen's

Bench Reports.
Williston's Cases on Contracts.
Wilson's Eng. King's Bench and Common Pleas

Reports.
Wilson's California Reports.
Wilson's Indiana Supreme Court Reports.
Wilson's Oregon Reports.
Wilson's Eng. Chancery Reports.
Wilson's Eng. Exchequer Reports.
. Wilson & Courtenay's Eng. House of Lords Re-
ports, Appeals from Scotland.
Wilson & Shaw's Eng. House of Lords Reports,

Appecds from Scotland.
Winch's Eng. Common Pleas Reports.
Winston's North Carolina Reports.

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ABBREVIATIONS 55

Wins, Eq Winston's North Carolina Equity Reports.

Wis Wisconsin Reports.

With, Withrow's Iowa Reports.

Wm. Bl William Blackstone's Eng. Reports.

Wm. Roh William Robinson's New Admiralty Eng. Reports.

Wms. (Mass.) . . Williams' Massachusetts Reports, vol. 1.
Wms. (Peere) . . Peere Williams' Eng. Chancery Reports.
Wms, (Vt) . . . Williams' Vermont Reports.

Wms. P Peere Williams' Eng. Chancery Reports.

Woer. Ad Woemer on the American Law of Administration.

WoU Wollaston's Eng. Bail Court Reports.

Wood Wood's Reports, U. S. Circuit Court, 5th Circuit.

Woodb. & M. . . Woodbury & Minot's Reports, U. S. Circuit Court,

1st Circuit.
Woods, or Woods

C. C Woods' Reports, U.S. Circuit Court, 5th Circuit.

WooL C. C. . . . Woolworth's Reports, U. S. Circuit Courts, 8th

Circuit.
Wools. Int. L. . . Woolsey's International Law.

Woolw Woolworth's Reports, U. S. Circuit Court, 8th

Circuit.
Woolw. (Neb.) . Woolworth's Nebraska Reports, vol. 1.
Wr., or Wr. Pa. . Wright's Pa. Reports, vols. 37-50.
Wr. Ch., or Wr.

Ohio Wright's Ohio Chancery Reports.

Wr. N.P Wright's Ohio Nisi Prius Reporte.

Wy Wyoming Reports.

Wyatt, W. & A'B. Wyatt, Webb, & A'Beckett's Victoria Reports.
Wyatt, W. & A'B.

Eq Wyatt, Webb, & A'Beckett, Victoria Equity

Reports.
Wyatt, W. & A'B.

L P. & M. . . Wyatt, Webb, & A'Beckett, Victoria Insolvency,
Probate, and Matrimonial Reports.
Wyatt AW. . . . Wyatt & Webb's Victoria Reports.
Wyatt & W. Eq. . Wyatt & Webb's Equity Victoria Reports.
Wyatt & W. L P.

& M Wyatt & Webb's Victoria Insolvency, Probate, and

Matrimonial Reports.

Wym. Wyman's Bengal Reports.

Y.B Year Book.

Yaie Law J. . . . Yale Law Journal.

Yeates Yeates' Pa. Reports.

Yelv. s Yelverton's Eng. King's Bench Reports.

Yerg Verger's Tennessee Reports.

Young Young's Minnesota Reports.

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56 ABBROCAMENTUM— ABROGATION

Younge Younge's Eng. Exchequer Equity Reports.

Yoimge & Coll. . Younge & Collyer's Eng. Exchequer Equity

Reports.
Yoimge & Jer. . . Younge & Jervis' Eng. Exchequer Reports.

Zab Zabriskie's New Jersey Law Reports.

Abbrocamentum, L, Abbrochment The forestalling of a market;

buying up at wholesale all the goods, to sell at retail.
Abcariare, L To carry away.
Abdite latet, I. He lies hid.

Abducere, L To carry away a human being. Abduzit: he carried away.
Abduction. The forcible or fraudulent canning away of a wife, child,

or female servant; see 93 N, C, 667; May Cr. L. § 198; Rob. El. L.

Rev. ed., § 646.
Abearance. Behavior; carriage; see 4 Bl. Com. 261, 266.
Abere-murder, sax. Wilful murder.
Abet To aid or encourage. An abettor is present at the crime; an

accessary is concerned in it either before or after; see 4 Bl. Com. S6;

Rob. El. L. Rev. cd., § 480.
Abeyance, fr. Expectation. An estate is in abeyance when there is no

certain person living in whom it can vest; see 2 Bl. Com: 107, 216,

318.
Abiding by. In Scotch law, the judicial declaration of a party that

he abides by a deed which has been attacked as forged, at his peril.
Abigeati I. The crime of stealing cattle by driving them away in

herds.
Abigei, Z. See Abigeus; 4 Bl. Com. 239.
Abigeus, I. One who steals cattle in numbers.
Abishersing. Immunity from, or being quit of, amerciaments, q. v.
Abjuration of the Realm. Anciently a person accused of any crime,

except treason or sacrilege, who took refuge in a church or other sanc-
tuary, q. v., might save his life by confessing his offence and swearing

to forsake the reahn; sec 4 Bl. Com. 66, 124, 332, 377.
Abnormal. A term applied to law affecting persons not imder natural

relations or conditions, as if insane or under age; the law of persons;

see NoBMAL.
Abode. Where a person dwells; see 71 Pa. 302.
Abolition. The utter destruction or annihilation of a thing.
Abordage, fr. The collision of vessels.
Abortion. The expulsion of the foetus in the early stage of gestation. It

may be by natural and innocent causes, or by criminal means; see

May Cr. L. § 200; Rob. El. L. Reu. ed., § 606.
Abortus. A foetus expelled from the womb, that has not reached the

development to sustain an independent life.
About Almost; approximately; see 115 U. S. 188.
Abroachment. See Abbrochment.
Abrogation. Nullifying a former law by legislative act or by usage.

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ABSCOND— ACCEDAS AD CURIAM 57

Abscond. A secret and sudden departure from one's usual place of
abode, or a concealment from public view, to avoid legal process;
see e Root (Conn.) 133,

Absolute. Unconditional; complete in itself; not relative; final.
Absolute conveyance: one without condition or qualification. Ab-
solute estate: one subject to no condition; see Rch. El, L. Reu. ed.,
§§ 90-94' Rule absolute : in English practice, an order or judgment of
court to be carried immediately and unconditionally into effect; dis-
tinguished from a rule nisi, which is not to be carried into effect unless
no cause be shown against it. A rule nisi, on being confirmed at the
hearing, becomes absolute. Absolute warrandice: in Scotch practice,
warranty against all the world.

Abaolutum et directum dominium, L Entire and right owner-
ship.

Absque, I, Without. Absque aliquo inde reddendo (without rendering
anything therefrom): without reserving any rent. Absque hoc:
without this; see Rob, EL L, Reu, ed,, § 305 ; Traverse. Absque
impetitione vasti: without impeachment of waste; without Uability
for permissive waste. Absque tali causa: without such cause ; see
Rob. El. L. Rev. ed., § 330; De injuria.

Abstention. Renunciation of succession by an heir.

Abstract of Fine. See Fine. Abstract of Pleas: a short statement of
the pleas a defendant intended to plead, attached to the summons for
leave to plead several pleas. In English practice, and now obsolete.
Abstract of title: a. short statement of the grants, devises, and in-
cumbrances affecting property, on which the title depends; see 7
W. Va. 390.

Abundans cautela non nocet, I. Plenty of care does no harm.

Abuse of a female child. An injury to the female genital organs in an
attempt at carnal knowledge, falling short of actual penetration;
see 68 Ala. 376.

Abuttals. The bounds of land. The sides adjoin, the ends abut on,
surrounding land.

Abutter. One whose property joins at a border or boundary where no
other land or road intervenes.

Ac etiam, I. And also. The introduction of the real cause of action.
Ac etiam bills: and also to a bill. In English practice, in the K. B.,
words used to introduce the real cause of action in cases where it was
necessary to allege a fictitious cause to give the court jurisdiction;
see 3 Bl. Com. 288; Bill, 1, 8. Ac si: as if.

Ace., Accord., /r. Abbreviations of accordant, agreeing.

Accapitare, {. To do homage to a chief lord on taking a feud.

Accapitum, I. The relief money payable to a chief lord.

Accedas ad curiam, I. (That you go to the court.) An English common-
law writ to remove a cause from an inferior court not of record to one
of the higher courts; see 3 Bl. Com. 34.

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58 ACCELERATION— ACCOMPLICE

Acceleration. The shortening of the time for the vesting in possession
of an expectant interest.

Acceptance. 1. To receive. The receipt of a thing offered by another
with an intention to retain it, indicated by some act sufficient for
the purpose; see Receipt. 2. The agreement to pay a bill of ex-
change, made by the drawee when the bill is presented, as by writ-
ing his name on the face; see £ Bl, Com. 469, Acceptance supra
protest or for honor: an acceptance made by some friend of the
drawer or indorser of a bill, when the drawee has refused to accept,
by which the acceptor becomes liable if the drawee does not pay
at maturity.

Acceptare, L To accept. Acceptavit: he accepted.

Acceptilatio, L Acceptilation; the verbal release of a debt, by declar-
ing it paid when it has not been paid.

Acceptor. The drawee or other persons accepting a bill; see Bill,
III. 4.

Access. Approach, or the means or power of approaching. It may
mean actual sexual intercourse or merely opportunity for it.

Accessary. One who is not a principal in a crime, nor present at its
conunission, but is some way concerned therein either before or after
its commission; see 4 BL Com, S5; Rob, El, L. Rev, ed,, § 480; Abet;
Accessory.

Accessio, I. Accession; a mode of acquiring property by natural in-
crease, or addition to what one already possesses; as land, by deposit
of a river; or houses, when built on one's own land; or the young of
animals; see 2 Bl. Com, 404; Rob, El, L, Rev. ed,, § IdS,

Accession. See Accessio.

Accessory. That which is incident or subordinate to something else,
called its principal; see also Abet. Accessorium non ducit sed se-
quitur Sttum principale (the accessory does not lead, but follows its
principal) : the incident shall pass by grant of the principal, but not
the principal by grant of the incident. Accessorium sequitur natnram
rei cui accedit: the accessory follows the nature of that to which it
relates.

Accident An event which, under the circumstances, is unusual and
unexpected by the person to whom it happens; see Mistake; S Bl.
Com, 431; Rob. El, L, Reo. ed., § 468; 82 Conn, 86,

Acdon sur le case, /r. Action on the case.

Accomenda, iUd, The contract between the owner of property and
the master of a vessel, when the latter is to sell the goods on joint ac-
count and share the profits.

Accommodation paper. Notes or biUs made, accepted, or indorsed by
one person for another without consideration; see Big, B, N, A C, 2d
ed. 184-

Accomplice. Any person concerned in a crime, whether principal or
accessary; see 4 Bl Com, S4, SSI; May Cr* L., { 76*

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ACOOMPT— ACQUIETANDIS PLEQIIS 59

Accompt See Account.

Accord. See Ace.

Accord. An agreement between two persons in settlement of a claim
which one of them has against the other. When performed, it is
called accord and satisfaction, and is a bar to all actions upon that
claim; see 3 Bl. Ccm. IS; 75 N. Y. 674.

Accouchement. The act of giving birth to a child.

Account. An obsolete common-law action to compel a person to render
an account and enforce settlement thereof; see 1 Mete. 217; 3 Bl.
Com. 4S7. Account book: a book kept by a person in which he
enters, from time to time, the transactions of his business. Account
current: an open account. Account stated: an account balanced,
which is conmdered accepted after a reasonable time; see Rob. EL L.
Rev. ed., § 159.

Accottpl^, /r. Married.

Accredulitare, I. To purge one's self of an ofiFence by oath; see Pub-

GATION.

Accrescere, I. To grow; to increase.

Accretion. The increase of land by natural causes. Denotes the ad of

increasing. The soil added is called alluvion; see 2 Bl, Com. 262.
Accroach. To exercise royal power without authority; eee 4 BL Com.

76.
Accrue. To grow to; to be added to.
Accumulative sentence. A second sentence to take effect after the first

has expired; eee 60 Kane. 299.
Accusare nemo se debet, nisi coram Deo, I. No one is bound to accuse

himself, except before Gk)d.
Accusator post rationabile tempus non est audiendus, nisi se bene de

omissione excusaverit, I. An accuser should not be heard after a

reasonable time, unless he has satisfactorily explained his delay.
Accused. One who is charged with a crime or misdemeanor; see SO

Mich. 468.
Achat, achate, fr. A purchase or bargain.
Acknowledgment A declaration before a competent officer or court, by

one who has executed a deed, that it is his act or deed. See paper by

Hon. T. M. Cooley, 4 Amer. Bar Aseo., 1881.
Acknowledgment-money. Money paid in some parts of England by

copyhold tenants to the new lord on the death of the old.
Acquest. Property acquired newly, or by purchase.
Acquets, fr. Property acquired otherwise than by descent; profits or

gains of property as between husband and wife; see 3 Mart {La.)

681; 2 Low. Can. 176.
Acquiescence. Failure to make objection.
Acquietandis plegiis, I. A common-law writ formerly l3dng for the

surety against a creditor who refused to acquit him after the debt

was paid.

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60 ACQUIETANTIA— ACTION

Acquietantia, L An acquittance ; a release.

Acquietare, I. To acquit. Acquietatus: acquitted by a juiy.

Acquire. To make property one's own by acquisition.

Acquittal. A release or discharge from a charge or obligation; 8ee S
McCord, 461.

Acquittance. The discharge of a debt or obligation in writing. A re-
lease is a similar discharge under seal.

Acre fight A camp fight; an ancient duel fought between the English
and Scotch) in an open field.

Act. Something done or established ; see 2 Mont. 284^ Act of bank-
ruptcy: an act for which a debtor may legally be adjudged bankrupt.
Act in pais: an act out of court. Act of God: an occurrence
which a man cannot foresee or prevent, corresponding to vis major
in the civil law. Act of settlement: the 12 & 13 Will. III. c. 2,
by which the Crown was limited to the present royal family.
Act of supremacy: the 1 Eliz. c. 1, by which the supremacy of the
Crown in matters ecclesiastical was established. Acts of uniformitF:
the 1 Eli2. c. 2, and 13 & 14 Car. II. c. 4, by which the pubUc worship
of the Church of England is regulated.

Acta, I., Actes, /r. Acts; records; transactions. Acta exteriora indi-
cant interiora secreta (outward acts show inward secrets): acts in-
dicate the intention. Acta diuma: daily records of affairs.

Actio, I. An action; cause. Actio bonsB fidei: an action of good faith.
Actio ex contractu: an action based on contract; ex delicto, on tort.
Actio in personam, against the person; in rem, against the thing, or
property; see Ad rem. Actio mixta: against both person and prop-
erty. Actio nominata: a named action; an action where there was
a writ de cursuj existing before Westminster II.; see Trespass; Case;
Action. Actio non, Actionem non: words anciently beginning a
special plea,' averring that the plaintiff ought not to maintain his
action. Actio non accrevit infra sex annos: the (plaintiff's) claim
did not accrue within six years; see S BL Com, 308, Actio non
datur non damnificato: no action is given to one who is not injured.
Actio personalis moritur cum persona: a personal right of action
dies with the person; see 3 BL Com. 302.

Action. The legal demand of one's right; see 3 BL Com. 116; Perry
Com. L. PL 24f 38. Ancestral action: one brought to recover land,
relying on the seisin or possession of an ancestor. Civil action: one
to enforce a private right. Droitural action: an action brought upon
the right, to determine the title, as distinguished from possessory ac-
tions, q. V. Fictitious or feigned action: one brought to settle a point
of law, there being no real controversy. Formed action : one for which
a set form of words is prescribed; Actio nommaUi. Local action: one
which must be brought in a particular place, not transitory. Mixed
action: one in which both damages and the recovery of real prop-
erty are sought; see 3 BL Com, 117. Penal action: one brought to

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ACTON BURNEL-ACTUS 61

enforce or recover a penalty. Personal action: brought to recover
money, damages, or other personal property; see Perry Com, L. PL
48. Petitory action: one determining the title; droitural. Popular
action: one which may be brought by any person for breach of a
penal statute. Possessory action: one brought to recover posses-
sion, without necessarily determining the right. Real action: one
brought to recover real property, obsolete except in a few States;
see 3 BL Com. 117. Rescissoxy action: in Scotch law, one brought to
avoid a deed or other instrument. Qui tarn action: a popular action,
brought on behalf of the sovereign and the informer. Such statutory
actions whereby part of the fine goes to the complainEint are now
generally considered reprehensible; see SS Fed. R. 726; Rob. El. L.
Rev. ed., § £74.- Transitory action: one which may be brought in
any county, with any venire; not local; see 3 Bl. Com. £94, 384-
Plea to the action of the writ: one which went to show that the plain-
tiff had no cause to have the writ he brought; see Plea. Action
upon the case: an action so called because the plaintiff's whole
case was set forth in the writ, there being no original writ to cover
his cause of action. A remedy given by the Statute of Westminster II.
in cases which were similar (in consimili casu) to those covered by
the original writs, and usually employed in cases where there was no
actual violence or immediate injury. The actiones nominats were
those for which original writs then existed.

Acton Bumel. The statute 11 Ed. I. (1233), authorizing the statute
merchant.

Actor, I. A plaintiff; contrasted with reus, the defendant. Actor se-
quitur forum rei (the plaintiff follows the defendant's court): the
plaintiff must sue where the defendant lives; see 2 Kent, 462,
Actore non probante absolvitur reus: the plaintiff not having proved
his case, the defendant is discharged. Actori incumbit probatio:
the burden of proof lies on the plaintiff.

Actual Something real. Not merely constructive or speculative; see
31 Conn, 213,

Actual damages. Damages actually sustained. Not those implied by
law or awarded as punishment.

Actuarius, I. One who drew the act or statute.

Acts of Sederunt. The general rules and orders of the Scotch Court of
Sessions.

Actum, I. Done; a d^ed.

Actus, I. An action; act. Actus cmst neminem gravabit: an act of
the court shall prejudice no one. Actus Dei vel legis nemini facit
injuriam: an act of Ood or an a,ct of the law injures no one. Actus
legis nemini est danmosus: an act of the law is prejudicial to
no one; see 2 Bl. Com. 123, Actus me invito f actus non est mens
actus: an act done by me against my will is not my act. Actus
non fadt reum nisi mens sit rea: an act makes no one guilty

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62 AD

unless the intention be guilty; see 4 BL Com. S, 21; Rob. El, L. Rev.
ed., i 4^S.
Ad, l. To; for; at; until. Ad abundantiorem cautelam: for greater
caution. Ad admittendum clericum: a wht in the nature of an ex-
ecution, given to the successful plaintiff in quare impedit, commanding
the bishop to admit his clerk; see 3 Bl. Com. 260. Ad aliud examen:
to another tribunal. Ad audiendum at terminandum: to hear and de-
termine; Oyer and terminer, q. v. Ad captum vulgi: suited to the com-
mon understanding. Ad colligendum bona defuncti: to collect the
goods of the deceased. Special letters of administration granted to a
person called the collector pending delay in the probate of a will or
the appointment of an administrator or executor. Ad communem
legem: at the common law. An obsolete writ of entry, brought by
the reversioner after the death of the life tenant, to recover land
wrongfully alienated by him. Ad comparendum: to appear. Ad
compotum reddendum: to render an account. Ad custagia, ad cus-
turn: at the costs. Ad damnum: to the damage. That part of the
declaration which states the plaintiff's money loss. Ad diem: at the
day. Ad ea qtue frequentius accidunt jura adaptantur: the laws are
adapted to those cases which occur most frequently. Ad effectum
seqoentem: to the following effect. Ad exitum: at issue; at the
end. Ad fidem: in allegiance. Ad fllum medium aquae or vise: to
the middle line (thread) of the water or way. Ad fin., ad finem litis:
at the end; at the end of the suit. Ad finnam : to farm. Ad gaolas de-
liberandas: to make gaol-delivery; empty the gaols; see Commission,
5. Ad hominem: to the person; applied to a personal argument. Ad
idem: to the same point, or effect. Ad inde requisitus: thereunto
required. Ad infinitum: indefinitely; to an infinite extent. Ad in-
quirendum: to inquire. A judicial writ, commanding any matter
in a pending cause to be inquired into. Ad interim: in the mean time.
Ad jtmgendum auxilium: to join in aid; see Aid-prayer. Ad jura
regis: for the rights of the King. A writ brought by one holding a
Crown living against those seeking to eject him. Ad Ealendas
Graecas (at the Greek Kalends): never. Ad laigum: at large. Ad
litem: for the purposes of the suit; during the suit. Ad lucrandum
vel perdendum: for gain or loss. Ad majorem cautelam: for greater
caution, or security. Ad mordendum assuetus: accustomed to bite;
see Scienter. Ad nocumentum: to the hurt, or nuisance. Ad os-
tium ecclesise: at the church-door; see Dower. Ad proximum ante-
cedens fiat relatio, nisi impediatur sententia: reference (relation)
should be made to the next antecedent, imless the sense forbid. Ad
quaestionem facti respondent juratores, ad qusestionem juris respon-
dent judices: jur3rmen answer questions of fact, — judges those of
law. Ad quem: to which; see A quo. Ad quod damnum; to what
injury. A writ issuing before the grant of liberties by the Crown, to
see that no rights will thereby be injured; see 2 Bl. Com. 271. Ad

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ADDICERE— ADJOINING 63

quod noa foit responsum: to which there was no answer. Ad ra-
tionem ponere: to cite to appear; to arraign. Ad rem: to the thing;
to recover the thing; against the thing. Thus actions are ad rem,
or in rem, to recover the thing in whose ever hands it may be, or in
personam against some particular person or persons. In the Roman
law rights ad rem were personal rights, rights to recover the thing
against some person, as distinct from rights in re, rights or property
in the thing which might be asserted against all the world. Ad repa-
rationem et sustentationem: for repairing and keeping in proper
condition. Ad respondendum: to answer; see Capias. Ad satis-
faciendum: to satisfy. Ad sectam: at suit of. Ad terminum anno-
rum: for a term of years. Ad terminum qui preteriit: for a term
which has expired. A writ of entry which lay for the lessor or his
heirs against the lessee or any one holding the land after the lease ex-
pired. Ad tunc et ibidem: then and there. The technical name for
a part of an indictment specifying time and place. Ad tristem partem
strenua est suspicio: suspicion lies heavy on the unfortunate side.
Ad unguem: perfect; finished to the smallest detail. Ad usum et
commodum: to the use and benefit. Ad valentiam, valorem: to the
value; see Cape. Ad valorem duties are always estimated at a cer-
tain per cent on the valuation of the property; see 24 Miss. 601. Ad
yentrem inspiciendum; see De ventre ixspicibndo. Ad vitam aut
cnlpam (for life or imtil fault); during good behavior. Ad volun-
tatem domini: at the will of the lord. Ad waractum: to fallow.

Addicere, I. To condemn.

Additio probat minoritatem, I. An addition indicates minority, or
inferiority.

Addition. The title or description added to the name of a person in
legal writings for greater certainty.

Additional. Joining or uniting one thing to another so as to form one
aggregate; see SS Miss. 6^5.

Address. That part of a bill in equity which describes the court where
the plaintiff seeks his remedy.

Adeem. To take away; revoke.

Ademption. The withholding or extinction of a legacy caused by some
act of the testator during life.

Adeprimes, /r. First; in the first place.

Aderere, /r. In arrear; behind.

Adesouth, Jr. Under; beneath.

Adherence. In Scotch law, an action by either party for the restitution
of conjugal rights.

Adiratos, I. Strayed; lost.

Aditos, I. A public road; a way of entry.

Adjacent Near but not touching; see 7 La. Ann. 79.

Adjective law. The part of law establishmg remedies.

Adjoining. Touching or contiguous; see 62 N. Y. 897.

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64 ADJORNARE-ADMINISTRATION SUIT

Adjomare, 2., adjoumer, /r. To adjourn. Adjoniatur: it is adjourned.

Adjourned term. A continuation of a previous or regular term; see 2S
Ala, N. B. 27.

Adjudicataire. A purchaser at a sheriff's sale; ue lO' Low. Can.
326.

Adjudication. Judgment; decree. Adjudication in Implement: in
Scotch law, a grantee's action against a grantor who refuses to com-
plete his title.

Adjimctio, L Adjunction; a method of accession, or gaining property,
when one maq's property is materially affixed to that of another.

Adjunctum, I. An incident; an adjunct.

Adjustment The termination, division, and settlement of a loss under
an insurance policy; see 3 Kent, 240, 335.

Adlegiare, Z., aleier, fr. To purge one's self of crime by oath; see
Purgation.

Admeasurement of dower. A writ which lay for the heir against the
widow holding more land than she was entitled to; see 3 Bl. Com.
183, 238.

Admeasurement of pasture. A writ for the adjustment of rights of
pasture, which lay agunst one of those who were entitled to common,
in favor of the others; see 3 Kent, 418; 3 Bl. Com. 238.

Adminicle. That which aids something else; in Scotch law, a deed or
document referring to and proving another. Adminicular: auxil-
iary to. Adminiculum, I.: adminicle.

Administrare, I., administer. To manage; take charge of; to give; see
8 Ohio St. 165.

Administration. Collecting the estate of a deceased intestate under
legal appointment, paying his debts, and dividing the remainder
among those entitled; see 92 N. Y. 74; 2 Bl. Com. 489. Manage-
ment of affairs generally. Administration ad colligendum: temporary
administration granted to preserve perishable goods or property; see
2 Bl. Cam. 505. Ancillary administration: subordinate administration,
granted to collect assets in a foreign state. Cum testamento annexo:
with the will annexed. Administration granted when there is a will,
but no executor; see 49 Conn. 339; 2 Bl. Com. 504- D« bonis non:
of the goods not [administered]. Administration granted when the
first executor or administrator dies before completing the work; see
16 Wall. 540 ; 2 Bl. Com. 506. Durante absentia: during the absence
[of an executor]; see 2 Bl. Com. 503. Durante minor! state: admin-
istration granted when the executor is a minor, to continue until he
attains the lawful age to act; see 2 Bl. Com. 503. Pendente lite:
administration granted pending a suit about the will; see 16 8. A R.
420.

Administration suit. A suit brought in chancery, in English practice,
by any one interested, for administration of a decedent's estate, when
there is doubt as to its solvency.

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ADMINISTRATOR— ADVENTURE 65

Administrator. One who rightfully administers an estate; see 2 Bl,
Cam. 604; 4 id. 4^; Rob. El. L. Rev. ed., § 404; Db son tort.

Admiral, Lord High. The chief officer of the Encash navy, and theo-
retical head of the courts of admiralty. His naval duties are now
performed by the Lords Commissioners, and his judicial, by the
Judge of Admiralty; see Coubt, 90.

Admiralty. A court having jurisdiction of marine affairs and maritime
causes, civil and criminal. Sometimes also of prize questions, in time
of war; see Coubt, 90; 4 Bl. Com. 268.

Admissions. Voluntary acknowledgments made by a party of the
existence or truth of certain facts. Such acknowledgments in crim-
inal cases are termed " Confessions, '^ q. v.

Admittance. Giving possession of a copyhold estate, whether upon
grant of the lord, surrender by a former tenant, or descent; see 2 Bl.
Com. S70.

Admittendo derico. See Db.

Admixture. See Agcbssio; Confubio.

Admonitio trina, I. The threefold warning given to a prisoner standing
mute before subjecting him to the paine forte et dure.

Adnihilare, adnullare, Z., adnihil. To annul.

Adonques, adunque, adoun, fr. Then.

Adrectare, I. To do right; make amends.

Adscript! glebSi I. Annexed to the soil; slaves who were sold with the
land.

Adsm., ads., ats. Abbreviations of ad sectam, — at suit of.

Adsecurare, I. To make secure; as by giving pledges.

Adult In civil law, a male who has reached the age of fourteen, or
twelve if female. In common law, a person aged twenty-one; see 21
Cent. L. J. 221; 11 Tex. App. 95.

Adulteration. The act of mixing something impure or spurious with
something pure or genuine, or an inferior article with a superior one
of the same kind; see 132 Mass. 11.

Adulterium, I. A fine anciently imposed for adultery or fornication.

Adultery. The voluntary sexual intercourse of a married person with a
person other than the offender's husband or wife; see Fornica-
tion; Criminal Conversation; 3 Bl. Com. 139; 6 Met. {Mass.)
243; 68 m. 60; May Cr. L. § 195; Rob. El. L. Rev. ed., § 506.

Advancement Money or property given to a child by a father, or
other person in loco parentis^ in anticipation of what the child might
inherit; see 4 S.& R. 333; 2 Bl. Com. 519; Rob. El. L. Rev. ed.,
i361.

Advenir, avener, aveigner, fr. To happen; come to; become.

Adventitious. Tliat which comes incidentally, or out of the regular
course.

Adventure. Goods sent to sea at the risk of the sender, to be sold at
best advantage by the supercargo.

6

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66 ADVERSE ENJOYMENT— iESTIMATIO CAPITIS

Adverse enjoyment. The possession or exercise of an easement or
privilege under a claim of right against the owner of the land out of
which the easement is derived; see 2 Waskb. R, P. S26.

Adverse possession. The enjoyment of land, or such estate as lies in
grant, under such circumstances as indicate that such enjoyment
has been commenced and continued under an assertion or color of
right on the part of the possessor; see 9 Johne. {N. F.) 174; ^ Bl.
Com. 194; Rob. EL L. Rev. ed., § 120.

Advisement. Consultation; deUberation.

Advocate. A person privileged to plead for another in court; a name
for counsel in ecclesiastical or admiralty courts. Also, the patron of
a living; see 3 Bl. Cam. 26.

Advocatus fiscL A fiscal advocate; see 3 Bl. Com. 27.

Advocate, Lord. The chief Crown lawyer and public prosecutor in
Scotland.

Advocatio, I. An advowson; an avowry in replevin; advocation.

Advocation. The Scotch process of appeal.

Advover, /r., advow, avouch, avow, advocare, I. To avow; to admit; to
acknowledge and justify.

Advowee. He who holds an advowson.

Advowry. See Avowry.

Advowson. A right of presentation to a church or benefice, of appoint-
ing a clergyman to the living; see 2 Bl. Com. 21 ; Rob. El. L. Rev. ed.,
§ 60. Advowson appendant: one annexed to a manor. Advowson
in gross: one belonging to a person. Advowson presentative: when
the patron presents to the bishop, and coUative when the patron is
himself the bishop. Donative advowson: when the patron could
place his clerk in possession without presentation, institution, or
induction, q. v.

Advowtiy, advowterer. Adultery; adulterer.

^dificare in tuo proprio solo non licet quod alteri noceat It is not
lawful to build upon your own land what may injure another.

iEdificatum solo solo cedit. What is built upon the land goes
with it.

£1, aleul, ayle, fr. A grandfather; see Aiel.

ifiquitas, I. Equity. iEquitas sequitur legem: equity follows the law;
see 2 Bl. Com. 330; 3 id. 441; 10 Pet. 210. ifiquitas uxoribus, liberis,
creditoribus maxime favet; equity favors wives and children, credi-
tors most of all.

iEquivoctun, I. Of various or doubtful signification.

iEquus, I. Equal; fair; just, ifiquior est dispositio legis quam
hominis: the disposition of the law is fairer than man's.

iErerer, airer, fr. To plough.

£s, I. Money. Ms alienum: in dvil law, a debt; another's money.
Ms suum: one's own money.

^stimatio capitis, Z. The value of the head. A fine imposed for murder,

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iETATE PROBANDA— AFFORCIARE 67

vaiying in amount according to the rank of the person killed. iBsti-
matio prseteriti delicti ez postremo facto nunquam cresdt: the rating
of a past offence is never aggravated by a later act.

iBtate probanda. See De.

Affaire, /r. To do; to make; to be made or taken.

Affect To concern; to act upon; see 93 U. S, 83.

Affectus ptmitur, licet non sequatur effectus, L The intention is pun-
ished, though the consequences do not follow. Affectum propter;
see Challbnob.

Affeere, affere, afferer, /r., affeiare, I. To assess; appraise.

Affeeror, afferator, /. Persons appointed in oourta-leet to assess fines
and amerciaments, upon oath.

Affer, affri, affra,/r. Cattle, or beasts.

Affiance. An agreement by which a man and woman promise each
other that they will marry together.

Affiant One who makes affidavit; a deponent.

Affidare, I. To swear to; swear fealty; pledge one's faith. Hence
affidavit, an oath in writing sworn before some person legally au-
thorized; see Deposition; 3 Bl, Com. 304. Affidavit of defence: a
statement in proper form that the defendant has a good ground of
defence to the plaintiff's action upon the merits. Affidavit of merits:
a formal statement that the defendant haa good ground of defence.
Affidatus: a tenant by fealty.

Affiert, afiert, affert, fr. It belongs; it behooves.

Affilare, Z. To file. Affiletur: let it be filed.

Affiliation. The process of determining a man to be the father of a bas-
tard child, whereby he is forced to maintain it.

Affinis, L One related by marriage. Affinis mei affinis non est mihi
affinis: one related by marriage to one related to me by marriage has
no affinity to me.

Affinitas, I., affinity. Relation by marriage; see i5 N. Y. Super, Ci, 84;
1 Bl. Com. 434.

Affirmant One who affirms; used in place of deponent (one making
oath) where no oath is taken.

Affirmant!, non neganti, incumbit probatio. The proof lies upon the
one affirming, not the one denying.

Affinnare, I. affirmer, fr. To affirm; confirm; ratify; assert; state in
pleading; give evidence not under oath. Affirmance: the ratifica-
tion of a voidable act or contract by the party who is to be boimd
thereby.

Affinnation. Testimony given without oath, but under a solemn reli-
gious asseveration in the nature of an oath.

Affirmative pregnant An afiirmative allegation implying some negative
in favor of the adverse party.

Afforciare, I., afforcer,/r. Toafforce; to add; to increase; to strengthen.
Afforcing the assize: to obtain a verdict by adding jurors until some

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68 AFFORESTARE— AGGRAVATION

twelve of the jury agreed; or, later, by keeping the jury without food
and drink.

Afforestare, L, afforest. To make land into a forest; see Fobb8T.

Aforethought. Premeditated; prepense.

Affranchir,/r. To affranchise; to make free.

Affray. A public fight between two or more persons, to the terror of
others; see 4 Bl, Com, 145; 104 Ind, 1S9; May Cr, L. § 164; Rob, El,
L. Rev. ed., § 4^9. There must be a blow or stroke given or offered, or
a weapon drawn. It'must be in a public place, thus differing from an
assault, q, v,; and it is unpremeditated, thus differing from a riot, q, v,

Affrectamentum, 2., affreightmeAt The contract for the use of a vessel.

After. Subsequent; exclusive oi\ see 2 WaU, 190,

Aftermath. The second crop of grass; the right to such crop.

Against. Adversely to; see 71 Col. 653,

Agait, fr. Waiting; in wait. Gist en agait: he lies in wait.

Agard, fr. Award. Agarder: to awiord; to condenm.

Age. Capacity of legal action depends partly on age. Thus, of a man,
after seven he may be capitally punished if proved consciously
guilty; after fourteen, youtii is no defence; after twelve, he may
take the oath of allegiance; after fourteen, he may marry and choose
his guardian, or make a will of personal property; at twenty-one, he
is of full age for all purposes, and that period is attained on the day
preceding the twenty-first anniversary of his birth; see 1 31. Com. 463;
£ Kent, £33, Soawomanisdowableatnine; may consent to marriage
or make a will of personal property, at twelve; is of fuU age at twenty*
one. These periods vary in civil and statute law.

Age prier, /r., age-prayer. A suggestion of non-age, q. v., made in a real
action to which an infant is a party, with a request that the proceed-
ings be stayed until the infant comes of age. This was called the plea
of parol demurrer.

Agenhine, awnhin, sax. A guest, an inmate, or one of the household,
for whom the host is answerable if he breaks the peace.

Agens, I, A manager; a plaintiff.

Agent One who imdertakes to transact some business, or to manage
some affair, for another and on his account, and to render an account
of it; see Huff, Agency, § 6; Big. Torts, 8th ed., S7,

Agent and patient A person is so called when both the doer of a thing
and he to whom it is done. General agent: an agent authorized to
perform a general class of acts, or employed as practising a certain
trade or profession; see 102 Mass. 226. Special agent : one em-
ployed for a special transaction; see Huff. Agency, 19, Agentes et
consentientes pari pcena plectentur: those who act and those who
consent are liable to the same punishment.

Ager, I. A field; an acre.

Agere, I. To act; to do; to sue. Agetur: suit is brought.

Aggravation. Matters of aggravation are those which are inserted in the

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AGGREGATIO MENTIUM— AIDER 69

declaration to increase the damages, but not afifecting the right of
action; see 19 VL 107.

Aggregatio mentium, I. The meeting of minds; spoken of the moment
when a contract is complete; see 94 U. S, 4^.

Aggrieved. Exposed to loss; injured; see 69 Cal, 91 »

Agild, sax. Free from penalty; not subject to the customary fine.

Agiler, sax. An observer; informer.

Agillaritts, I. A hay-ward; herd-ward; the keeper of cattle in a common
field.

Agio, ital. The term used in commerce to express the difference in value
between one kind of currency and another.

Agiser, fr. To lie. Agisont: lying.

Agisiare, L, Agistor, fr., Agist To put; place; assign; apportion. To
take in the cattle of strangers to feed in a royal forest. To take cattle
to pasture at a certain rate of compensation.

Agistamentum, l.y agistment The taking in of cattle to feed at a cer-
tain rate per week; also, the profit thereof; also, a duty or tax for
repairing banks, dikes, or sea-walls, levied on the owners of lands bene-
fited thereby; see e Bl. Com. 4S£.

Agistator, 2., agister. The bailee in agistment of cattle; the officer of
the forest who took account of cattle there agisted.

Agnates, agnati, I. Agnates; relatives by the father's side; see 2 BL
Com. 2S6.

Agnatic, Z., Agnation. Relation or kinship through males.

Agniser, fr. To acknowledge.

Agnomen, I. An additional name; a nickname.

Agrarian. Relating to land, or the division or distribution thereof.

Agreare,Z. To agree. Agreavit: he agreed. Agreamentum: agreement.

Agree. To be of one mind.

Agreement. The union of two or more minds in a thing done or to be
done; see Hart. Cant., M cd., § 623.

Aid. A service or payment due from tenants in chivalry to their lords;
usually either to ransom the lord's person; pur faire Peigne fitz
chivaler, to make the eldest son a knight; or pur Peigne file marier,
to marry the eldest daughter.

Aid and comfort. Help; support; assistance; counsel; encouragement;
see 4 Saw. 458.

Aids. Extraordinary grants to the Crown by the Commons.

Aide-prier, /r., aid-prayer. A proceeding by which one sued for land in
which he had a limited interest sought suspense of the action and aid of
his lord or reversioner. So a tenant in capUe, or a city or borough hold-
ing a fee-farm from the King, might pray in aid of the King; see 3 Bl.
Com. 300.

Aider by verdict Where a defect or error in pleading which might
have been objected to lb, after verdict, no longer open to objection,
is " cured by the verdict; " see 134 III. 686.

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70 AIDER— ALIAS

Aider. Same as Abettor.

Me^fr. I have. Ait: he has. Aiet: he shall have.

Aiel, aieiil, ayle, fr. A grandfather. A writ which lay for the heir to
recover lands on the seisin of his grandfather, when a stranger had
entered on the day of the grandfather's death.

Ailours, aylours, fr. Elsewhere; besides.

Ainesse, fr. Esnecy, q. v.,' the right of the eldest bom.

Ainsi, fr. Thus; so. Ainsi come: even as it were. Ainsi soli il: so
be it.

Airer, serer, /r. To plough. Aireau: a plough.

Aisiamentum, Z., aisement, fr. An easement.

Aisne, eigne, /r. Eldest; first-bom. Aisneese: Esnecy; «ee Ainbbbe.

Ajant, fr. Having.

Ajoumer, fr. To summon; to adjourn.

Ajuar, span. The jewels and furniture which a wife brings in marriage.

Ajuger,/r. To adjudge; award. Ajug6: adjudged.

Al, fr. At the; to the. Al aid de Dieu: with the aid of God. Al huis
d'esglise: at the door of the church. Al barre: at the bar. Al
comon ley avant, etc.: at the common law before, etc.

Ala, alast, alant, fr. See Aler.

Alba flrma, I. White rent; rent payable in silver, as distinguished from
black rents, black mail, payable in com, work, or the like. Album
breve: a blank writ.

Alcalde, span. A judicial officer in Spain and Spanish countries, having
powers and duties similar to those of a justice of the peace.

Alderman. In English law an associate to the chief civil magistrate of
a corporate town or city. In Pennsylvania they still have judicial
powers somewhat similar to those of a justice of the peace at common
law.

Aleator. A gambler.

Aleatory. Hazardous; uncertain; see 8 La. Ann. 4S9; Contract.

Aler, aUer, /r. Togo. Ala, alast: went; gone. Alant: going. AUer
k Dieu (to go to God): to be dismissed the court; to go quit. Aler
sans jour (to go without day): to be finally dismissed; without con-
tinuance, q. V. A16 et tout defail: gone and quite spoiled.

Alf et. The vessel in which hot water was put for the purpose of dipping
a criminal's arm into it up to the elbow in the ordeal by water.

Alia enormia, I. (Other wrongs.) A general statement of injuries at
the end of a declaration in trespass, under which matters of aggrava-
tion may be given in evidence.

Alias, {. Otherwise; at another time; formerly. Sometimes used to
indicate an assumed name; see 39 N. Y. 260. Alius dictus: otherwise
called. The name by which a defendant is known, which is added to
his real name for the purpose of suit; see S Caines^ 219. Alias writ:
a second writ, issued after a previous one has been issued in the same
cause without effect; see S BL Cam. 283; '4 id. 319.

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ALIBI— ALIQUID 71

AHbiy L Elsewhere. A defence in criminal law, showing that the ac-
cused was in another place when the ofifence was committed; see 62
Miss. 2j^.

Alien. One bom in a foreign country, not naturalized; see 2 Bl. Com,
249; Rob. El. L. Rev. ed., § /f^2. Also used in the sense of conveying or
transferring property; see 1 Wash. R. P. 63; Alien atio. Alien amy:
the subject of a foreign nation at peace with our own. Alien enemy:
the subject of a foreign nation at war with our own; see 1 Kent,
72.

AHenare, l.y aliener, /r., alienate, aliene. To transfer; convey.

Alienatio, Z., Alienation. The transfer of ownership; conveyance; see
2 BL Com. 287. In medical jurisprudence it is used to denote an
aberration of the human understanding. Alienatio licet prohlbeatur,
consensu tamen omnium in quorum favorem prohibita est, potest
fieri: though alienation be forbidden, yet it may be made with the
consent of all those for whose benefit it is forbidden. Alienatio rei
praefertur juri accrescendi (alienation of property is preferred to the
right of survivorship): the law favors a conveyance made in the
owner's lifetime, rather than allow the property to descend or ac-
cumulate.

Alienee. One to whom an alienation is made.

Alieni appetens, sui profusus, I. Greedy of others' property, wasting his
own. Alieni generis: of another kind. Alieni juris: under the con-
trol of another, as of a parent or guardian. Alieno solo: on another's
land.

Alien-nee, /r. An alien bom.

Alienor. One who makes a grant or alienation.

Alienus, alientun, I. Another's; by or of another.

Aliment. In Scotch law, to give support to a person unable to support
himself; to provide with necessaries.

Alimenta. Things necessary to sustain life; see Necessasies.

Alimony. An allowance made to the wife out of the husband's estate,
during or at the termination of a suit, for her maintenance while
separated from her husband; see 1 Bl. Com. 441; 3 id. 94; 1 Kent,
128; 107 Mass. 432. Alimony pendente lite is that ordered during
the pendency of a suit for divorce or separation; see 40 III. App. 202.
Pennanent alimony is that ordered for the use of the wife after the
termination of the suit during their joint lives; see 10 Ga. 477; 18
Me. S08; 21 Conn. 186.

Alio intuitu, I. In a different view; with another purpose.

Aliqualiter, I. In any way.

AHquid, I. Somewhat; something. Aliquid conceditur ne injuria re-
maneaw impunita, quod alias non concederetur: something is con-
ceded which otherwise would not be, lest an injury should go
unredressed. Aliquid possessionis et nihil juris: somewhat of pos-
session, but nothing of right.

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72 ALIQUIS— ALLOCATUR EXIGENT

Aliquis, L Any one. Aliquis non potest esse judex in propria causa:
no one can be judge in his own cause.

Aliter, 2. Otherwise; otherwise decided. Alitervelinaliomodo: other-
wise, or in another way.

Aliud est celare, aliud tacere, I. It is one thing to conceal, another to
be silent.

Aliunde, I. From another place; from another source.

Alius, L Dififerent; another.

All. Completely; wholly. Frequently used in the sense of " each,"
or " every one of ; " see 143 Mass. 44£; 18 Pa. SQL

AUegare, I. To allege, or state. Allegans contraria non est audiendus:
one alleging contradictory things is not to be heard. Allegans suam
turpitudinem non est audiendus: one alleging his own infamy is not
to be heard. Allegaii non debuit quod probatum non relevat: that
ought not to be alleged which is not relevant if proved. Allegata et
probata: things alleged and things proved.

Allegation. A pleading; a statement of a fact; the assertion of a party
in a cause of what he intends to prove; see 3 Bl. Com. 100. Allega-
tion of faculties: the statement made by the wife of the property of
her husband, in order to her obtaining alimony. AUegatio contra
factum non est admittenda: an allegation contradicting the deed
(or the fact) should not be admitted.

Allegiance. The tie which binds the citizen to the government in re-
turn for the protection which the government affords him; see 1 Bl.
Cam. 366; 4 id. 74; Rob. El. L. Rev. ed., § 4^2. Acquired allegiance b
that of one who, although bom an alien, has been naturalized; see
1 Bl. Com. 369; 44 Pa. 501. Local allegiance is that which is due
from an alien while resident in a country; see 1 Bl. Com. 370.
Foreign sovereigns and their representatives are exempt.

Allegiare, I. To clear one's self, or defend, by due course of law; to wage
one's law.

Alleging diminution. The allegation of some error in a subordinate
part of the nisi prius record.

Ailer, fr. See Aler. Aller, germ. The greatest poseible.

Alien, aleu, alien, fr. An allodial estate.

AUeviare, I. To pay an accustomed fine or composition.

Allision. The running of one vessel into another.

Allocare, Z. To allow. Allocatur, abb. alloc.: it is allowed. Non allo-
catur: it is not allowed.

Allocatio, l.y Allocation. An allowance made upon an account in the
English Exchequer.

Allocatione facienda, I. (To make allowance.) A writ which lay for
one of the Crown's accountants against the Exchequer, command-
ing them to allow him such sums as he had lawfully expended.

Allocato comitatu, I. See Exigent.

Allocatur exigent, I. See Exigent.

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ALLODIAL— ALTERUTER 73

ADodiaL Free; not held of any superior; the opposite of feudal; see
2 Bl. Com, 47, 60; S Kent, 4S8, m, 4^8; Rob. EL L. Rev. ed., § 90.

Allodium, alodium, alodum, I. An estate held absolutely, of no supe-
rior; hence, owing no rent, fealty, or service; see 2 Bl. Com. 106.

Alloigner, allojrner, fr. To eloign; remove to a distance; delay.

Allonge, /r. A piece of paper annexed to a bill or note on which to write
further indorsements, when there is no more room on the document
itself; see 18 Pick. 67; 16 Wis. 626.

Allot To set apart as a share; see 4I Ala. 686.

Allotment note. An assignment by a seaman of a part of his wages to a
near relative.

Alluvio, Z., Alluvion. Natural increase of land by a gradual deposit on a
river bank or sea shore. Applied to the deposit itself; see Accretion;
Avulsion; 64 III. 68; 2 Bl. Com. 262; 3 Kent, 428; Rob. El. L. Rev.
ed., § 116. Alluvio maris: Accretion to land by the washing of the
sea. Jure alluvionis: by the right of alluvion.

Aim, alme, /r. Soul. Almes-feoh: Peter's pence, g. v.

Alms. Any kind of relief given to the poor.

Almoigne, almoin, fr. Alms.

Alnage. Ell-measure. A duty on woollen cloth, pud for measuring
and sealing by the alnager.

Alnetum, L A place where alders grow.

Aloarius, /. The holder of an allodium.

Alodium, alode. See Allodium.

Along. May mean " by," " on," or " over "; see 34 Conn. 426. Length-
wise of; see 119 lU. 226.

AloTSffr. Tlien; there.

Als., l. For Alios and Alias: others.

Also. Moreover; not the same as " in like maimer; " see 4 Rawle, 68.

Alt, fr.y Altus, alta, etc., L High. Alta prodilio: high treason. Atal
via: highway.

Altarage. Offerings made upon the altar; the priest's profits; con-
tributions; tithes.

Alter, I. Another; to make different from what it was; see 1 Wend. 236.

Alteration. A change in the terms of a written instrument by a party
to it, without the confient of the other party or parties, by which its
legal effect is changed; see Big. B. & N. 2d ed. 207; 9 Cray 189;
Spoliation.

Altematim, I. Interchangeably.

Alternative. Giving an option of two things; as, to do an act or show
cause, like a writ of Mandamus.

Altemativa petitio non est audienda, I. An alternative prayer is not to
be heard.

Altemis vicibus, I. Alternately; by turn.

Alteram non ledere, I. Not to injure another.

Alteniter, L One of the two; each.

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74 ALXroS— AMENDMENT

Altius non toUendi, L The aame of a servitude by which the owner of
a house was restrained from building higher than a certain limit.

Alto et basso, I. High and low. A phrase appUed to an absolute sub-
mission of all differences to arbitration.

Altre, altrei, fr. Another.

Altum mare, I. The high sea.

Alveus, I. The ordinary channel of a stream.

Amalphitan Code. A collection of sea law compiled about the eleventh
century by the people of Amalfi, and in force in the Mediterranean
countries.

Ambactus, L A servant; messenger; client.

Ambideuz, fr. Both.

Ambidexter, L One who has skilful use of both hands; one who takes
pay or bribes from both parties to an action.

Ambigultas, Z., ambiguity. Uncertainty of meaning in the words of a
written instrument; see 4 WaitSf 90. It is patent, when the doubt
arises upon the face of the instrument itself; see SO Iowa, 4^9. Patent
ambiguities may not be explained by parol evidence. It is latent,
when the doubt arises from extrinsic matter or collateral circumstan-
ces, although the instrument itself is certain and intelligible; see 66 Me,
107, Latent ambiguities may be explained by parol evidence; see 4
Wig, Ev,j § ^47iS. Ambigultas verborum latens verificatione suppletur,
nam quod ex facto oritur ambigutun verificatione facti toUitur: a latent
ambiguity of words may be [supphed] helped by averment, for that
ambiguity which arises from an [extrinsic] fact is [may be] removed
by an averment of the fact [as it really is]; see 100 Mass. 60, Am-
bigultas verborum patens nulla verificatione suppletur: a patent
ambiguity is helped by no averment. Ambigua responsio contra pro-
ferentem est accipienda; Ambiguum placitum interpretari debet
contra proferentem: an ambiguous plea ought to be interpreted
against the party pleading it. Ambiguum pactum contra vendi-
torem interpretandum est: an ambiguous contract is to be taken
against the seller.

Ambit. A boundary Une.

Ambulatory. Movable; changeable; not fixed.

Ambulatoria volimtas, I, An ambulatory, changeable, revocable will or
intention.

Ambush. To lie in wait; to surprise; to place in ambush; see 4S Ala.
14^,

Amenable, amesnable. Tractable; responsible; subject to the juris-
diction of the court; liable to punishment.

Amende honorable, fr. A punishment by disgrace, infamy, or the
doing an humble act. A satisfactory apology.

Amendment A legislative change of that which is proposed or estab-
lished as law. The correction, by consent of the court, of an error
committed in the progress of a cause; see 93 U. S, 166; 3 BL Com. 407.

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AMERCIAMENT— ANCESTRAL ACTION 75

Amerdament, amercement A penalty, like a fine, but imposed by a
court not necessarily of record, and of uncertain amount. The de-
fendant was said to be in the mercy of the king or lord whom he had
offended; and the amount was assessed by the affeerors; see 8 BL
Com, S76; Pledqbs to prosecute.

Amesner, fir. To lead, or drive; to cite; to bring the body of a party
to court.

Ami, amy, /r., amicus, {. A friend. Amicus curie: a friend of the
court; an uninterested person who makes a suggestion, or gives in-
formation, in a case; see 66 N. H, 4i6, Amici consilla credenda:
the advice of a friend is to be trusted. Prochein amy: next friend.

Amicable action. One brought by consent of both parties to settle a
doubtful point of law, the facts being usually agreed upon; see 8
How. 266.

Amittere liberam legem, l. To lose one's frank-law, q. v. Amittere
legem terras: to lose the law of the land. Both expressions used of an
outlaw, one who has lost the privilege of bearing witness, or being jury-
man, or suing, in court. Part of the punishment of one who has
become infamous, t. e., who has cried craven in the trial by battel.
So, amittere curiam: to lose the right to attend court.

Amnesty. A term in international law which is an act of oblivion of
past offences. An act of amnesty is given to one who may have been
guilty, while a pardon is given to one who is surely guilty; see 86
Oa.S96; 10 Ct. CI 407.

Amont, amount, /r. Upwards; above.

Amortir, /r., amortise. To alien lands in mortmain.

Amortizatio, I., amortisement Alienation in mortmain.

Amotion. Turning out; dispossession; carrying away. Removing an
officer of a corporation from his position before the expiration of his
term of office.

Amour, /r. Grace; favor.

Amoveaa manus, 2. That you remove the hands; «ee Ouster-le-main.

Amparo, span. A document protecting the claimant of land until prop-
erly autiiorized papers can be issued; see 1 Tex. 790.

Ampliare, 2., ampHer, /r. To enlarge; extend; defer. Ampliation: a
deferring judgment till after further consideration.

Amy, /r. Friend. Prochein amy: next friend, g. v.

An, anne, ann, Jr. A year. An, jour, et waste: year, day, and waste.

Analogy. Similar relations which exist between things compared; see
68 Oa. 68.

Anarchy. The absence of political government; see IfSiS lU. B68.

Anatocismus, ffr., Z., anatocism. Compound interest.

Ancestor. Tlie person from whom an estate is inherited; not neces-
sarily related lineally; see 2 BL Com. 209, 443; 2 Kent, 404, 419; 26
Mich. 188.

Aacettril action. SmSEi, Com, 186; AcnoN.

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76 ANCHORAGE— ANNO DOMINI

Anchorage. A duty paid by ships for use of a harbor.

Ancient demesne or domain. A tenure existing in certain manors held
by the Crown at the time of Edward the Confessor or William the
Conqueror. A species of copyhold with fixed services and certain
privileges; see 1 BL Com. 286; 2 id, 99, A plea of ancient demesne
may be pleaded in abatement to real actions, or actions where the
freehold may come in question; see Court, 42.

Ancient deeds. See ANasNT writinqs, infra.

Ancient house. One which has stood long enough to acquire an ease-
ment of support against the adjoining land ; in England, twenty years.

Ancient lights. Windows which have been used in their present state
for twenty years, giving, in England, a right to have them unob-
structed. In the United States an express grant is necessary to
acquire the right; see 12 Mass. 167.

Ancient writings. Deeds and other documents more than thirty yean
old, which do not require preliminary proof if coming from the per-
son who might naturally possess them; see 3 Wig. Ev. § 2138.

Ancillary. Attendant upon; auxiliary; subordinate; see 3 Bl. Com, 98.

Ancipitis usus, {. Of doubtful [legal or illegal] use; see 1 KerUf HO.

Anedus, /. The eldest; first-bom.

Angaria, gr.^ I. A forced or excessive service exacted by a superior of
a vassal. The impressment of a vessel.

Angleterre, /r. En^and.

Anglice, I, In English.

Anichiler, adnichiler, anienter, anientiri aneantir, Jr. To avoid; annul.
Anient, etc.: void. Anientiaement: destruction; waste.

AnimaL An irrational being not of the genus homo; a quadruped.
They may be domitce naturoBy — of a tame nature, or feros naturae —
of a wild nature. Property ia; see 2 Bl. Com. 5; larceny of; see 4
Bl, Com, 236.

Animus, I. Mind; will; disposition; design. Animo: with a mind,
intention, etc. Cancellandi: of cancelling. Custodiendi: of keeping.
Defamandi: of defaming. Differendi: of obtaining delay; post-
poning. Donandi: of giving; making a gift. Furandl: of stealing; see
4BI. Com. 230 y 232. Lucrandi: of gaining. Manendi: of remaining.
Morandi: of staying, or delaying. Possidendi: of possessing, or
keeping. Recipiendi: of receiving. Remanendi: of remaining away.
Revertendi: of returning; see 2 Bl. Com. 392. Republicandi: of re-
publishing. Revocandi: of revoking. Testandi: of making a will.
Animo et corpere: in intention and act. Animo felonico: with felo-
nious intent. Animus et factus: intention and act. Animus hominis
est anima script!: the man's purpose is the spirit of the writing.
Animus domini: the intention [of acting as] owner.

Annates, {. First-fruits.

Anni nubiles, I. A woman's marriageable years, the age of twelve.

Anno Domini. In the year of our Lord.

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ANNUITY— APARTMENT 77

Annuity. A yearly sum payable by the grantor, charging his person
only; tee 2 BL Com. Ifi,

Annulus et baculus, {. The ring and staff; used as symbols in feudal
and ecclesiastical investitures; see 1 BL Com, S78,

Annus, I, A year. Annus deliberandi: the year of deliberation, al-
lowed in Scotch law to the heir to decide whether he will accept the
inheritance. Annus et dies: a year and a day. Annus, dies, et vas-
tum: year, day, and waste. Annus inceptus pro complete habetur:
a year begun is held as completed. Annus luctus: the year of mourn-
ing, following the husband's death, and during which, in the Roman
law, the widow could not marry; «ee 1 BL Com, 466. Annus utilis: an
available year, one during which a right could be exercised or a pre-
scription grow.

Annuus reditus, {. An annuity; a yearly rent.

Anonymous. Without name.

Anoyer, /r. To trouble; to annoy. Annoysance: a nuisance.

Answer. Any defensive pleading except a demurrer. The usual mode
of defence in equity, corresponding to a plea at law; see S BL Com,

Antapocha, {. A written and binding acknowledgment of a debt.
Ante, L Before. Ante exliibitionem bill^e (before the exhibition of the

bill): before the commencement of the suit. Ante litem motam:

before suit brought. Ante occasum soils: before sunset. Ante

onmia: before all else; first of all.
Ante-date. To date an instrument before the time at which it was

written.
Antejununentum, I. A preliminary oath required of the accuser, to

prosecute; and of the accused, that he was not guilty; in old English

law.
Antenati, L Persons bom before a particular event; see 2 Pick, S94»
Ante-nuptial. Before marriage.
Antichresis, L A sort of mortgage, in which the debtor transfers the

thing or estate to the creditor, who is entitled to retain the use and

profits in lieu of interest.
Anticipation. Doing or taking a thing before its proper time.
Antinomis, L, antinomy. A contradiction in law, either re%l or apparent.
Antiqua statuta, L The Acts of Parliament from Richard I to Edward

III. Ut antiquum; eee FEUDmi. Antiquum dominicum: ancient

demesne. Antiqua custuma; aeeCv&TUMA,
Antique temps, antic, fr. Old time; of old.
Anuels livres, fr. The Year books, q, v.

Any. Has the fuU force of " every,'' and " aU; " see 4S Mo. 264.
Aore,/r. Now.

Aparelle, apaxmile, fr. Ready.
Apartment That portion of a house occupied by a person while the

rest is occupied by others; see? M,d: 0, 96.

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78 APERTE— APPIERT

Aperte, /r. Open; plain. Apertement: openly.

Apertus, L Open. Aperta brevia: open writs, unsealed. Apertum
factum: an overt act.

Apex juris, 2. A subtlety of law. Apices juris non sunt jura: the mere
subtleties of law are not law; see 6 Conn. 334*

Aphasia. Loss of the power of comprehending the sense of words and
objects; see 1 Paige Ch. 171.

Apoc», I. A written receipt of payment.

Apocrisarius, L A carrier of messages.

Apographia. An inventoiy.

Apostata capiendo, L; see De.

Apostille, apostyle, fr. An addition; a marginal note.

Apostles. The papers forming the record on appeal, and transmitted,
in civil or admiralty practice, from the lower to the higher court.
Brief letters of dismissal, given the appellant, and stating that the
record will be transmitted.

Apothecary. A broader term than " drug^t " (g. v.), as an apothe-
caiy compounds the drugs, whereas a druggist merely sells without
compounding; see 28 La, Ann. 767.

Apparator, apparitor, I. A messenger who serves process in the ecclesi-
astical courts.

Apparent danger. To justify homicide in self-defence means an overt
demonstration of a design to do a great personal injury; see 44 Miss.
762.

Apparent heir. One who will be the heir if he hve until the ancestor's
death. In Scotland, the heir after the ancestor's death and before
he enters.

Apparere, I. To appear. Apparitio: an appearance.

Apparuia, I. Furniture or implements.

AppeaL 1. The complaint, and removal of a cause, to a higher court,
for error or informality, for the purpose of trial or review; see 3 Bl.
Com. 456. 2. In English criminal law, the accusation, by one private
person against another, of some heinous crime, demanding punish-
ment on behalf of the party injured; see 4 Bl. Com. 317; Appro veb;
Battel.

Appearance. The coming of a party into court, in person or by attor-
ney; see 3 Bl. Com. 290.

Appel,/r. An appeal; a challenge.

Appellant One who makes an appeal.

Appellatio, I. An appeal.

Appellee. The party against whom an appeal is taken.

Appellate. Having cognizance of appeals.

Appendant. Annexed, or belonging to anything, and going with it; see
28 N. J. L. 26. Like appurtenant, except that rights appendant to
land cannot be created by grant; see 2 Bl. Com. 19,

Appiertyappertyapieigei/r. Itappean.

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APPLICATION— AQUA 79

Application of payments. The appropriation of money, paid by a
debtor, to some particular debt; see 12 S. A R, S04-

Appointee. One selected for a particular position and appointed thereto.

Appointment. See Power.

Apportionment. A division into shares.

Appraise. To fix a value by authority of law.

Appredare, L To appraise; to estimate.

Apprehension. The arrest of an accused person.

Apprentice. A person, usually a minor, bound by indenture to serve
another for a term of years, in consideration of being supported and
taught a trade; see 1 Bl. Com. 4£6; Sid, 26; 4 id. 160.

Apprentidi ad legem, I. Barristers at law.

Appre8ter,/r. To prepare. Apprest: ready.

Apprimes, fr. First.

Appris, apprise, /r. Learned; skilled.

Approach. The right of visitation to determine the national character
of a ship; see 1 Kentf 163.

Approbate and reprobate. To approve and reject; to take advantage
of one part of a document and reject the rest.

Appropriation. The perpetual annexing of an ecclesiastical benefice to
the use of a spiritual corporation sole or aggregate. Appropriation
of payments: see Application.

Approver, /r., approbare, Ly approve. To improve; to cultivate and
enclose waste land.

Approver. A person indicted of a capital crime who confessed the crime
before pleading and accused [appealed] another of the same crime; see
26IU.17S; 4 Bl. Com. 330. This latter was called the appellee; and
if he was found guilty, the approver was acquitted ex debito justititt;
otherwise the accuser was hanged upon his own confession. The
accusation was called an appeal, and was triable by battel, {q. v.) like
the ordinary app^. This method of approvement is now superseded
by queen's or state's evidence, q. v.

Appurtenant. Belonging to; accessory to; see Appendant. A thing
incident to something else and of a different nature. It may be either
corporeal or incorporeal, and may be created by grant, accession, or
prescription; see 13 Am. Dec. 667; 10 Pet. 64.

Appurtenances. Things appurtenant.

Aprds, fr. After; afterwards. Aprte que: after that. Aprds midi:
after noon. Cy apris: thereafter.

Apta viro, {. Marriageable.

Apud, I. Among; with; at. Apud acta: among the acts; among the
recorded proceedings, in presence of the judge.

Aqua, I. Water. Aqua cedit solo (water follows the land); water goes
with the land which it covers; see 2 Bl. Com. 18. Aqua cunit, et
debet currere, ut currero solebat: water runs, and ought to run, as
it used to run; see t Bl, Com. 396; 26 Pa. 412. AqusB dttctos: the

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80 AQUAGIUM— ARGUMENTUM

right of conducting water through the land of another. Aqiue haus-

tus: the right of drawing water from the well or spring of another.

Aqiue immittenda: the easement or right of drip; see 16 Barb. 96.
Aqiiaginm, Lf aquage. A water-course; toll paid for water carriage;

ewage.
Alalia, {. Land fit for the plough.
Arare, L^ arer, fr. To plough. Arabant: they ploughed; iq[>plied to

such vassals as held their land by service of ploughing the lord's

manor lands. Aralia, aratia: plough-lands.
Aiatum tame, l. A plough-land, as much as can be tilled by one plough.
Arbiter. One who is bound to decide, not according to his own discre-
tion, but according to the rules of law and equity, as distinguished

from an arbitrator who may decide according to his own sound

judgment. This distinction is not now observed.
Arbitrament and award. A plea that the matter has been referred to

arbitration, and a decision given.
Arbitrary. That which is founded on the discretion of the judge and

not on statute; see 4 Bl. Com. S6S.
Arbitrator. See ARBrrBR.
Arbitrament, /r., arbitrinm, I. An award, in arbitration. Arbitriimi est

judicium: an award is a judgment.
Arbor, {. A tree. Arbor dvilis, consanguinitatis: a family-tree.

Arbor dum crescit, lignum dum crescere nescit: [called] a tree

while it grows, wood while it cannot grow [i. e., when cut].
Arcana imperii, I. Secrets of state.
Arcaritts. A treasurer.
Archdeacon. The ecclesiastical officer next the bishop, appointed by

him and having a court of concurrent jurisdiction in the diocese or a

part of it; see Court, 81.
Aivhes Court See Court, 83.
Archiepiscopus, {., archiavesque, fr. Archbishop.
Archives. A depositary of records, and other documents.
Arcta et salva custodia, I. In close and safe keeping; see 5 BL Com.

416.
Arenales, span. Sandy beaches.
Arentare, I. To let, or rent.

Arer, fr. To plough. Arer et semer: to plough and sow.
Arere, /r., aretro, Z. Behind; in arrear; back; again.
Aigentarii, I. Money lenders.
Aig., arguendo, I. In arguing; by way of argument.
Aigentum Dei, I. (God's money.) Earnest-money.
Argumentative. Indirect; inferential. Used of a plea, the important

part of which is stated by implication only; see 3 Bl. Com. SOS.
Argumentum, {. Argument. Axgumentum a communiter acddentibus

in jure frequens est: an argument from commonly occurring things is

frequent in law. Argumentum a divisione est fortissimum in lege:

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ARISTOCRACY—ARROGATION .81

an argument by divimon [of the subject] is of very great force in law.
Argumentum a similis valet in lege: an argument from analogy is
good in law. Argumentum ab auctoritate: an argument from author-
ity [judicial decisions]. Ab impossibili: from an impossibility. Ab
inconyenienti: from an inconvenience. Adcrumenam: to the purse.
Ad hominem: to the person; personal. Ad ignorantiam: to ignorance
[relying on a sophism which tlie hearers cannot detect]. Ad verecun-
diam: to modesty [appealing to the sense of decency].

Aristocracy. A government by a supreme class.

Aries. Earnest.

Anna, {. Weapons ofifensive and defensive. Anna libera: free arms; a
sword and lance given to a servant when set free. Aima moluta:
sharpened weapons. Anna reversata (reversed arms): a punish-
ment for treason or felony. Anna in armatos jura sinunt: the laws
permit using arms against those armed.

Armiger, armig., {. An esquire; one entitled to bear a coat of arms; a
servant to a knight.

Arpen, arpent, /r. A measure of land; see 12 How. 4S6.

Arra, arrs, arrhsB, {., aniies, /r. Earnest-money.

Arraign. To call one accused of crime before court to answer; see £S
Mo. S26; 4 Bl. Com. S22; Rob. El. L. Rev. ed., § 696.

Array. The whole body of jurors summoned to attend court. The list
of jurymen, arranged in the panel; see 3 Bl. Com. S69; 4 id. 352.

Arrears, arrearages. Money due on rents, accounts, or interest unpaid
at the given time; eee 64 Miss. 167.

Arrect, arrette,/r., I. To accuse; accused.

Arrentatio, I. A renting; arrentation, licensing an owner of lands in a
forest to enclose them with a low hedge and small ditch, under a
yearly rent.

Arrer. See Arer. Arrere. See Arere.

Arrestare, Z., arrester, fr. To arrest; to take into legal custody.

Arrest The detention of a person by authority of law; see Voor. Ar.,
i 66; Rob. El. L. Rev. ed., § 686.

Arrest of judgment. A staying of judgment after verdict for error ap-
parent on the record; see 3 Bl. Com. 387.

An'estandis bonis ne dissipentur, {. A writ which lay for one whose
cattle or goods were taken by another who was likely to make away
with them and unable to make amends.

Arrestment. Arrest. In Scotch law, a process of attachment or gar-
nishment. Arrestee: the garnishee.

Arret, fr. The judgment of a court.

Arrettare, Z., arretter,/r. To accuse.

Arrha. See Arra. Earnest-money; see Denarius Dei.

Arriage and carriage. Indefinite services formerly exacted from tenants.

Arrogation. The adoption of a person who is capable of acting in his
own rig^t.

6

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82 ABSER— ASSAULT

Arser in le main. Burning in the hand ; the punishment of those plead-
ing their clergy; see Benefit of Clebgt.

Arson. The wilful burning of another's house; see 4 BL Com, 8B0;
May Cr. L., § eSO ; Rob, El. L. Bev. ed,, § 654.

Art and part A term used in Scotch law of one who is acoessary to a
crime, or aiding and abetting in it.

Article. A species of pleading in the English ecclesiastical courts. The
division or paragraph of a document. Articles of faith, religion, or
the thirty-nine articles: a statement of the faith of the Church of
England, formed by Cranmer, and revised by the Convocation of
1562. Articles of the peace: in English law, a complaint made bo-
fore a court or justice of the peace against a person from whom the

• complainant fears injury to person or property, whereby the party
complained of is forced to find siureties of the peace. Popularly termed
swearing the peace against one.

Articled clerk. A person bound to serve with some practising attorn^
for his instruction until admitted himself to practice.

Articles of Confederation. A compact entered into by the thirteen
original States of the United States of America; see 6 Wheat, IfiO,

Articles of Partnership. The written agreenient covering the contract
of a partnership which is signed by the members.

Articulus, L An article; a point. In articulo mortis: at the point of
death. Articuli super Chartas: the Stat. 28 Edw. III. st. 3.

Artificer. One who bu3r8 goods to reduce to other forms by his own art,
skill, and labor, and then sell them; seeST.B, Mom, $S6.

Arura, I, A ploughing; a day's work at ploughing.

Asaver, asgavoir, /r. To wit; to say; to be understood.

Asceverer, fr. To affirm.

Asdentj/r. Knowing; knowingly.

Ascripticii, adscriptitii, I, Tenants by ancient demesne; in civil law,
naturalized foreigners.

Ascun, fr. Any one; some one.

Asoyne, fr. See Essoin.

Asphyxia. Suspended animation produced by non-oonvermon of venu-
ous blood into arterial.

Asportare, Z., asportation. To carry away. An element of larceny; see
4 Bl, Com. 232; 71 Ala. 14; May Cr, L., § 277; Rob. El. L, Reo, ed,,
§ 217. Asportavit: he carried away; see Db bonis aspobtatis.

Ass. For Assisa, an assize.

Assaltus, I. An assault.

Assartare, Z., assart, essart To pull up trees by the roots; to clear
land in a forest. Assartom, assart: cleared land.

Assassination. Murder committed for hire by one without provoca-
tion or resentment.

Assault. An attempt of one man to do phymcal injury to another,
real or apparent, and coupled with real or apparent power to injure;

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ASSAVER— ASSISA 83

see S BL Cam. 120; SO Hun, 427; May Cr. L., § W6; Big, Tarts,
8th ed. S2S; Rob. El L. Rev. erf., §f 201, S42.

Assayer, /r. To essay; to try. Assaye, assaie: an assay; an exami-
nation or trial.

Assecurare, I. To make secure; to assure; to confirm. Assecmatio:
assecuration; assurance; marine insurance.

Assembly unlawfoL The meeting of three or more persons to do an
unlawful act; see 4 Bl. Cam. 146.

Assensu patris. See Dower.

Assertare» etc. See Assartabe.

Asses, assez, fr. Enough.

Assets. Property available for debts or legacies. Assets entre mains:
assets in hand; property which comes at once into the hands of the
executor or trustee for the payment of debts. Assets per discent:
property which goes to the heir, chargeable only with the ancestor's
specialty debts; otherwise called real assets. Equitable assets: those
which creditors can reach only through a court of equity. Legal
assets: those in the hands of the executor or administrator, which
may be reached in an action at law. Marshalling of assets: an equi-
table doctrine, by which, when there are two classes of assets and some
creditors can enforce their clsums against both and others against
only one, the former class of creditors are compelled to exhaust the
assets against which they alone have a claim before having reooiu'se
to the other assets. Thus providing for the settlement of as many
claims as possible.

Asseveration. One's s^peal to conscience in proof of the truth of his
statement.

Assignatus utitor jure attctoris. An assignee enjoys the rights of his
principal [assignor].

Assignee, assign. A person to whom a right of property is transferred.

Assignment. A transfer of property. Assignment of dower: the as-
certaining and setting out of a widow's share in her husband's estate;
see 2 Bl. Cam. 1S6. Assignment of errors: the statement of the case
of the plaintiff in error, setting forth the errors complained of, and
placed on the records; see New Assignment; 29 N. J. L. 418.

Anignor. One who transfers property to another or makes an assign-
ment; see 14 Pick. 128.

Assis, assys, /r. Situated; fixed; assessed.

Assisa, {., assise, fr., assize. A jouy, or inquest, summoned by a writ of
assize. Also, a court; the sittings of a court; an ordinance or statute;
a tax or tribute; an adjustment or measure; an action at law; a real
action ; a writ. The assizes : sessions of courts of assize and nisi prius,
which are composed of two or more commissioners (in England)
called judges of assize and nisi prius, who are sent, by special com-
mission from the Crown, on circuits all around the kingdom, to try,
by a jury of the respective counties, such matters of fact aa are then

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84 ASSISA

under dilute at WestmiiiBter Hall; see S Bl Cam. S8. These judges
are judges of the superior common-law courts, and the successors of
the ancient " justices in eyre/' justidarii in itinere; th^sit by virtue
of several authorities, viz.: 1. Commission of oyer and tenniner, to
deal with treasons, felonies, etc. 2. Of gaol deliyeiy, to try every
prisoner in gaol, for whatever offence. 3. Of nisi prius, to try all
questions of fact on cases in which issue has been joined in the courts
of Westminster. 4. Of peace, by which all justices of the peace and
sheriffs are bound to be present at their sittings. 5. Of assize, to
take assizes and have jurisdiction of writs of assize. Action of assize:
a writ and real action, having for its object the recovery of lands
whereof the demandant or his ancestors had unjustly been disseised,
rt was not necessary, as in a writ of entry, to show the unlawful be-
ginning of the tenant's possession. Rents of assize: the certain es-
tablished rents of the freeholders and ancient copyholders of a manor,
which cannot be departed from or varied. Those of the freeholders
are frequently called chief-rents, reditus capUalea; and both sorts are
called quitrents, quieti rediius, because thereby the tenant goes quit
and free of other services. Assisa cadere (to fall from the assize):
to be nonstdted; see S Bl. Com. 402. Assisa cadit in juratam (the
assize falls to a jury): the assize is converted into a jury. Assisa
continuanda: an ancient writ directed to the justices of assize to con-
tinue a cause, when time is desired for the production of records.
Assisa proroganda: a writ to stay proceedings at the assizes because
one of the parties was engaged in the King's business. Assize of
darrein presentment, Assisa ultims prsesentationis, I. An assize of
last presentation. An action to determine who had the gift of a
church living, superseded by quare impedit. Assize of fresh force,
Assisa frisce fortise, I. An action, or assize, which lay by a custom of a
city or borough for the recovery of lands of which the demandant had
been disseised within forty days. Assize of mort d'ancestor, /r., A»-
sisa mortis antecessoris, I. An assize to recover land of which the
demandant's father, mother, uncle, aunt, brother, sister, nephew, or
niece died seised, and a stranger abated; see S Bl. Com. 185. Assize
of novel disseisin, Assisa novse disseisins, I. An assize to recover
land of which the complainant had been dissdsed since the last cir-
cuit of the justices in e3rre, i.6., within seven years. Assize of ntd-
sance, assisa de nocumento, I. An assize to remedy a nuisance, by
having it abated and recovering damages; see 3 Bl. Com. £21 . Assize
of utrum, assisa juris utrum, I. An assize sometimes called the par-
son's writ of right, which lay for him or a vicar to recover church
lands alienated by his predecessors; see 3 Bl. Com. 257. Grand assize:
a peculiar jury, introduced by Henry II. and authorized in lieu of
battel for the trial of writs of right. The sheriff returned four knights,
who chose twelve others, making in ail sixteen reoogniton. All these
assizes are now obsolete.

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ASSISORES— ATTACH 85

AsaifioreSy I.9 assiscxre. Aaseesora; jurora.

Assistance. A writ issued by Chancery to execute a decree for the
possession of lands.

Associates. Persons united or acting together in promotion of a com-
mon object; see 11 Cuah, S8B.

Association. A writ or patent addressed to the justices of the assise,
conunanding and authorizing them to associate others ¥dth them as
justices, usually learned sergeants at law or the clerks of the assise.
Granted at suit of a party when a justice dies or is disabled from
holding the assises.

Assoily assoilzie^ se., assoiler, /r. To acquit; to absolve; to deliver
from ezcommimication.

Assumpsit, L He assumed; he undertook. A promise, contract, or un-
dertaking. The name of an action on the case, which lies for the
party injured by the non-performance of a parol contract; eee S BL
Com. 1S8; 93 U. S. I4S; Rob. EL L. Rev. ed.y § eSS. If the contract or
promise is express, the action is called special assumpsit; indebitatus
assumpsit or general assumpsit, if implied by law. This latter action
generally applies only to contracts resulting in a debt; and judgment
is given as damages for the detention of the debt, differing thus from
the action of Debt, q. v.; see also 6 Ind. App, 183, Assnmpserunt
super se: they undertook.

Assurance, assurantia, I. An instrument used as evidence of the title
to land ; see B Bl. Com. £94. Common assurances : a man's title-deeds.
Also, Insurance, q. v. The word has lately been applied to life in-
surance to distinguish it from fire and marine.

Ass3rthment, assitfament An action in Scotch law, brought by the
relatives or personal representatives of a murdered person against
the guilty person before the trial of the latter. Damages were awarded
called an assythment, whence the name of the action.

Astittttion. An arraignment.

Astre, fr.f astrum, L A hearth; a house. Astrer, astraiius, L : a house-
holder; belongiixg to, or bom in, the house; see BLbbbs.

Astrihilthet, sax, A penalty of double the damage for breach of the
King's peace.

At,/r. Hath; and.

At arm's length. Out of another's undue influence or control. At bar:
before the court. At large: not limited to any particular matter,
place, or person; not under physical restraint.

Atha. An oath.

Atheist One who does not hold the common belief of the existence of
God; see 10 Cush. 632.

Atia, acya, etc., L Malice; hatred.

Atiiium, I. Tackle; rigging. Atilia: the harness of a horse or plough.

Atrium, I. A court before a house; a church-yard.

Attach, Attachiare, I. To take a person or goods by commandment of

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86 ATTACHIAMENTA— ATTERMINARE

a writ or precept, and keep for presentment in court. Differing from
an arrest in that the latter term is only used of persons; and a person
arrested is handed over to a higher authority for keeping.

Attachiamenta bonorum. A distress formerly levied by bailiffs upon
the goods of one sued for a personal debt, as a security to answer to
the action.

Attachment, Attachiamentum, l. 1. A process of taking into custody
a perspn or property; it issues from courts of record in cases of con-
tempt; see 39 Pa, 50; Rob. El. L. Rev, ed., § iS99. If issuing only against
the person, it is called personal attachment; see 3 BL Com, 280;
4 id, 283, 2. Attachment of goods, taken either as security or to
give jurisdiction of an action against a foreigner, in which latter case
it was called Foreign attachment. This existed in old English law,
and is now common in some of the Eastern States. 3. Foreign at-
tachment: a process, arising out of a custom of London, by which the
debtor's goods or debts were reached by the creditor in the hands of
a third person. Called also Factorizing or Trustee process, or Gar-
nishment All these writs of attachment were issued at the insti-
tution or during the process of an action in a court of record.
Attachment of privilege: a process whereby a man privileged to liti-
gate in a certain court (as attorneys ,and officers in their own court)
calls another into that court to answer to some action. Also, a writ
issued to apprehend a person in a privileged place. Attachmenta,
Court of: see Court, 75.

Attainder. The extinction of civil rights and capacities which resulted
upon judgment of death or outlawry for treason or felony. It in-
cluded forfeiture of property, and corruption of blood, so that nothing
could pass by inheritance to the heirs of the person attainted, nor
could he himself inherit from others; and inability to bear witness in
a court of law, to sue or be sued, or even to be put on trial again for
felony; see 2 Bl, Com. 251; 4 id, 259.

Attaint An old writ brought for the reversal of an improper verdict.
The action was tried by a jury of twenty-four men; and if the first
verdict was found false, the twelve men of the first jury were adjudged
infamous; see 3 Bl. Com. 351.

Atteindre, /r. To attaint; to convict. Atteynte, Atteintz: attaint; at-
tainted; convicted; found guilty.

Attempt An act done in part execution of a design to conmiit a crime;
see May Cr. L., § 18; Rob. El. L. Rev. ed,, § 57^,

Attendant terms. Long leases or mortgages, held by the owner or his
trustee as a distinct and additional title, to make his estate more
secure.

Attentare, I, To attempt. Attentat (he attempts) : a wrong motion or
act in a cause made by the judge a quo pending an appeal.

Atterminare, Z., Atterminer, /r. To attermine; to delay; to grant time
for the payment of a debt.

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ATTESTATION— AUPRi» 87

Attestation. Evidence; testimony; the act of witnessing the execution
of a legal document and subscribing one's own name as testimony
of the fact. Attest: to witness; a witness.

Attile, attilamentum, l. Tackle; see Atiuuh.

Attingere, l. To touch; to amount to. Atting', attingent: they amount
tO) — attain. Attincta: an attaint. Attinctua: attainted.

Attoniare, L, attomer» /r., attorn. To transfer; to consent to a trans-
fer; to put in one's place; to make attornment. Attornment: the act
of a tenant in consenting to the transfer of the reversion, with its
rents and services, to a new lord, and in acknowledging the new land-
lord; see 8 N. J. L. 317; 16 Mass, 1; IB Bl. C<m. 290.

Attomattts, {., Attorney. One who has authority to act for another;
if in conducting suits, he is termed attomey-at-law; see Babrister;
if by special authority for one act, or, more broadly, in matters in
pais generally, attorney in factum [in fact]. Attorney-general: the
chief law officer of the government.

Ally /r. At the ; to the ; imtil. Au besoin (in case of need) : a phrase used
in the direction of a bill of exchange, pointing out some person to
whom application may be made for payment in case of the refusal of
the drawee to pay. Au ces temps: at that time. Au dernier: at last.
Au plus : at most. An quel : to which. Au tiel forme : in such manner.

Auceps syllabanim, I, (A catcher of syllables.) A quibbler.

Auctor, /r. Z. A plaintiff; a principal; a vendor; an auctioneer.

Aucun, ft. Some; some one; any one. Aucune foits: sometimes. AtH
cunement: somewhat.

Attdenda, span, A Supreme Court.

Audi alteram partem, I, Hear the other side.

Audience Court. See Court, 83.

Audiendo et terminando, I. Oyer et terminer; see also AsfiizE.

Audita querela, I, (The complaint having been heard.) A writ which
lies for a defendant who is in danger of a writ of execution, to recall
or prevent the execution for some cause which has happened since
judgment; see 12 Mass, 268; Rob. El. L. Reo. ed., § S46; 3 BL Com. 406.

Auditor, Z., auditor. One who examines accounts. In practice, a per-
son appointed by the court to take and state an account.

Attditua, I. Hearing; oyer.

Augmentation. The increase of crown revenues arising from the sup-
pression of religious houses, 27 Hen. VIII., and the appropriation of
thdr revenues. A court erected by Henry VIII. to determine con-
toroversies about the lands of such houses; see Coitrt, 43.

Aujourdniuy, fr. To-day.

Aula, L A hall, or court. Aula regia, regis: the supreme court of Eng-
land established by William the Conqueror, afterwards divided into
three common-law courts and Chancery; see S Bl. Com. $8; Court, 4.

Aumone, Almoign, fr. Alms.

Aiq^s,/r. Near; nigh; about.

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88 AURUM— AVERAGE

Aurum regiii«, /. Queen's gold; see 1 Bl. Com, 221 »

Aussi, ausint, etc., /r. Also; in this manner.

Attt, L Either; or. Aut eo drdter: or thereabout.

Atttant,/r. As much; so much; like as.

Auter, autre, fr. Another; other. Auter action pendant (another ac-
tion pending): a plea in abatement stating that a prior suit has been
begun for the same cause. En autre droit: in right of another; see
2 BL Com, 177. Pur auter yie: for the life of another. Auterment:
otherwise. Autrefois: at another time; formerly; heretofore. Au-
trefois acquit (formerly acquitted) : a plea of a criminal in bar to an
indictment, that he has once before been acquitted of the same
offence; see Rob. El. L. Rev. ed., § 602; 4 Bl. Com. SS6; Plea. So
also Autrefois conyict, that he has been once before convicted; and
Autrefois attaint, once before attainted; see 4 BL Com. S37;
Attaindsb.

Autocracy. An unlimited monarchy.

Autonomy. Independence.

Auzi,/r. Also; so. Auzybien: as well.

Auzilium, I. Aid; an aid. Auzilium curis: an old precept of the court
citing one person to warrant something, at the suit of another.

Avail, aval, fr. Downwards; below; see Amont.

Availe, fr. Profit; proceeds. Avail of marriage: value of marriage;
see Valob martfagu; Mabbiagb.

Aval, fr. The guaranty of a bill of exchange, or note.

Avaler, fr. To descend; lower; put down; swallow.

Avant, fr. Before; forward. Issint avant: so on. Avant dit: aforesaid.

Avanture, Aventure, fr. Chance; mischance; adventure.

Avaria. Average.

Avec, avecques, fr. With.

Aveigner, avener, fr. To come; become; happen.

Avenage, fr. Oats, given a landlord in lieu of rents or servioes.

Aver. To state; to plead; to avouch or verify.

Aver, avoir, fr. To have; see A.

Average. 1. A service with cattle, due to a lord by his tenant. 2. A
medium, or mean. 3. A loss or damage to ship or cargo at sea. 4. The
adjustment or apportionment of such loss among the owners and
underwriters. 5. A small duty paid the master for care of the cargo,
over and above his freight. General average: when part of a ship's
cargo is destroyed or injured in order to save the ship, the loss is ap-
portioned among the proprietors in general or their underwriters.
Also called gross average. Particular average: partial loss or dam-
age to goods which must be borne by the owner, and is settled by the
underwriters according to the ratio which the goods lost bore to the
whole goods insured. This is called an average, or partial loss.
Petty average: small charges paid by the master for the benefit of
the ship and cargo, such as pilotage, towage, anchorage, etc.

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AVER-CORN— BACK-BOND 89

Aver-com. A reserved rent in com, paid to religioufl houses by thdr
tenants. Ayer-knd: land ploughed and manured by the tenants.
Ayer-peny: money paid to be freed from doing the King's averages
or carriages; see Avkraoe, 1.

Avedum, L, aveiia. A working beast; an heriot; cattle; tee £ Bl, Com,
4^4, Averia caruc»: beasts of the plough; eee S BL Cam. 9,
Averia elongata: cattle eloigned, — carried away. Averiis captisin
withernam (cattle taken in withernam) : same as Capuu in mthemam.

Averment Tlie ending part of a plea in confession and avoidance, or
any affirmative pleading, which offers to verify the plea; the verifica-
tion; see S BL Com. 309, SIS; Aver.

AverSf /r. Cattle; beasts; eee Affeb.

Aversio periculi» L A turning away of peril; used of the contract of
insurance.

Averom. Property.

Avet To assist.

Avisare, {., aviseTi /r. To advise; consult; deliberate. Avittonentomy
L; counsel. Avis, /r.; advised; instructed.

Avoidance. A making void; an evading or escaping; the state of being
vacant; eee $ BL Com, SOS; Confession; Plea.

Avoir, /r. To have. Property; means; estate.

Avoocher, fr. The calling into court, by a tenant, of a person bound to
warrant, to defend the title or yield him other lands.

Avoaterie,/r., avowtiy. Adultery.

Avow» avowson, etc.; see Advow, etc.

Avowry. A pleading in replevin whereby the defendant avows [con-
fesses] the taking, and seeks to justify it on his own right; see Conu-
bancb; Cognizance; Rob. EL L. Rev. ed., § S£0; SBL Com. 160,

Avowtry. The crime of adultery.

Avulsion. Earth suddenly removed by water and placed on the land
of another; or land joined to another's land by change in the bed of
a stream. Such land remains the property of its original owner; see
Rob. EL L. Reo. ed., § 116,

Award. The decision of an arbitrator, referees, or commissioners.

AwA]^going crop. A crop sown during the last year of a tenancy, but
not ripe until after the end of the term.

Ay. In the beginning of French words; see Ai.

Ayuntamiento, span, A municipal council.

B

Bacberend, sax. (Carrying on the back.) A term used of a tluef caught

with the stolen goods.
Back-bond. In Scotch law, a declaration of trust. An indemnification

bond.

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90 BACKING— BANE

Baddflg. Indorsement. Backing a wairant: the indoraement of a war-
rant, issued in one county, by a justice of the peace of another, which
enables it to be served in the latter county; see 4 Bl, Com, 291,

Backside. A yard behind a house.

Bad. Vicious; evil; see 127 Mass. 487,

Bail, baila, L, baile, bailie, fr. Delivery; livery; custody; guardian-
ship. The setting at liberty of a person in custody upon others be-
coming sureties for his appearance at a day and place assigned; see
Rob, El. L, Rev. ed,, § 688, Also, the persons who become such sure-
ties; differing from mainpernors in that bail may confine and keep
the person bailed. Bail below, or to the sheriff: when a bail-bond is
given to the sheriff to secure the appearance of a person an-ested on
mesne process. Bail above, or to the action: when a recognizance is
entered into that the defendant in an action shall pay the costs and
judgment, or be surrendered into custody. Common bail: bail with
fictitious sureties, amounting only to entering an appearance. Spe-
cial bail: bail with bona fide, responsible sureties. .Justifying bail:
ascertaining the sufficiency of the bail. Bail Court; see Court, 9.

Bailee. The person to whom a bailment is made; see S Bl. Com. 462,^

Bailie. In Scotch law, a magistrate, alderman, or bailiff; see Court, 02.

Bailiff. A keeper; a sheriff's officer; a land steward; see 1 Bl, Com.
S4B, 4^,-

Bailiwick, ballivia, {. A sheriff's jurisdiction; or a liberty exempted
therefrom; a coimty; see 1 Bl. Com, 344; 2 id, S8.

Bailment A delivery of goods by one person to another for a purpose
or trust; the contract resulting therefrom; see Rob. El, L. Rev. ed.,
§ 164; 2 Bl. Com, 396, 451; 2 Kent, 669,

Bailor. The person making a bailment.

Ballpiece. A memorandum of special bail signed by the judge and
filed in court; see 3 Bl. Com. 291,

Baldio, span. Public land of little value.

Balitis. A tutor or guardian.

Balivo amovendo, I, A writ to oust a bailiff from office.

Balneaiii, I, Stealers of clothes of public bathers; see 4 Bl, Com. 239.

Ban, banns. A proclamation; edict; the announcement in church of a
proposed marriage. The spiritual judge might dispense with these
by giving a marriage license; but a marriage without either banns or
license was void and a penal offence.

Banc, bank, bancus, I. A bench; the full bench; the full court, as dis-
tinguished from the sitting of a single judge at nisi prius. Communis
Bancus, abb. C. B.: the Common Bench, the English Court of
Common Pleas; see Court, 10. Bancus Regis, abb. B. R.: the
King's Bench; see 3 Bl Com. 41; Court, 8. Band narratores: ser-
geants at law who enjoyed the monopoly of practice in the C. B.;
see 1 Bl, Com, 24>

Bane. A malefactor.

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BANK-NOTE— BASTON 91

Bank-notei bonk-bUL A promissory note issued by a bank and pay-
able to bearer on demand, intended for circulation as money.

Bankruptcy Courts. See Coubt, 50.

Bannitus. One banished or outlawed.

Bar. A partition running across a court-room, separating the pubUc
and outer barristers from the court, attorneys, sergeants, Queen's
counsel, officers, and parties appearing in person. At bar: before
court; before the full court, as distinguished from nisi pritis. Pleas
in bar: pleas attacking the right of action on grounds of fact; see
Plea. To bar: to defeat; end> cut off.

Bargain and sale. A method of conveying land without livery of seisin,
imder the statute of uses, for a valuable consideration; see Rob. El.
L. Rev. ed., § ISO; 2 Bl. Com. SS8.

Bannote. See Court, 73.

Baro, l.f baron, /r. A freeman; a baron. Baron et feme: husband and
wife; see 1 Bl, Com. ^2. Court Baron; see Cot^t, 11, 34.

Baron. 1. A vassal holding directly of the King. 2. The fifth and low-
est English degree of nobility. 3. A judge of the Court of Exchequer.

Barra, Z., barre, jr. A plea in bar; the bar of a court.

Barratry. Fraudulent, negligent, or wilfully injurious conduct on the
part of the master and crew of a ship, to the damage, and without the
knowledge of, the owner; see 4 Bl. Com. IS4.

Barretry. llie offence of frequently exciting groundless suits; see May
Cr. L., § 14s; 4 Bl. Com. 134; Rob. EL L. Rev. ed., f Sei.

Barrister. In England, a counsel admitted to plead at the bar. Outer
or utter barristers: those who appear without the bar, as distin-
guished from inner barristers (sergeants, or Queen's counsel). Bar-
risters conduct cases in court, while attorneys prepare the pleadings
and see to matters out of court.

Bas, fr. Low. Bas cur: an inferior court, not of record. Bas cheva-
liers: inferior knights holding by base tenure.

Base fee. 1. A fee with a qualification; determinable upon some col-
lateral event.; see Rob. EL L. Rev. ed., § 93; 2 BL Com. 109. 2. A
tenure in fee at the will of the lord. Base tenure : by base services, as
by villenage or customary services.

Bastard. In the common law, a person bom out of matrimony, or under
circumstances which render it impossible for him to have been the
son of the husband. Bastard-eign6, fr.; the son of two unmarried
persons who afterwards intermarry and have another son. The latter
was called mulier puisn^. Bastardus nullius est filius; aut filius
popuU: a bastard is no man's son; or the son of the people.

Bastarda. A female bastard.

Bastardy process. The statutory method of procedure against the
putative father to secure the bastard's maintenance; see Big. Torts,
8thed.,B96.

BastoOy fr, A staff or club; an officer; a tipstaff.

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92 BATTEI/-BENIGNE

Battel, bataile,/r. Combat; duel. Wager of battel: a method of trial
by personal conflict which prevailed in the courts of chivalry, on
appeals and approvements for felony, and on writs of right, in which
last case the parties might fight by champions. If the appellee was
vanquished, he was hanged; if he killed the appellant or maintained
the fight from sunrise to star-rise he was acquitted. If the appellant
became recreant and pronounced the word craven (to beg) he lost his
liberam legem and became infamous; and the appellee recovered dam-
ages and was forever quit.

Battery. The physical injury of one person by another; usually em-
ployed, in connection with assault, of unlawful injury; see May Cr,
L., § iSOe; Big, TorU, 8th ed. S27; Rob. El L, Rev. ed,, ( ^tW.

Batture. A shoal in a river.

Bawdy house. A house of ill-fame; see 6 1 red, 60S.

Beasts of the chase. The buck, doe, fox, marten, and roe. Beasts of
the forest: the hart, hind, boar, and wolf. Beasts of the wairen:
the hare, coney, pheasant, and partridge.

Bedel. A crier; an apparitor; a bailiff; a beadle.

Behoof. Use; profit.

Bellum, I. War. BeUo parta cedunt reipublic»: thinss acquired in
war go to the state.

Bench. A seat of judgment; a court; the judges; see Court, 5, 18.
Bench warrant: a warrant issued by the judge or court itself for the
arrest of a person indicted, or for contempt; a justice's warrant bdng
issued by a justice of the peace or magistrate.

Benchers. The governing members of the English Inns of Court.

Bene, I, Well; sufficiently; in due form.

Benedicta est ezpositio quando res redimitur a destmctione: that is a
blessed interpretation when a thing is saved from destruction [by
which effect is given to the instrument].

Benefice. In England, a church living; see 4 Bl. Com, 107.

Beneficiary. The cestui que trust,

Beneficium. A benefice; see 4 Bl, Com. 107. Benefidum deiicale:
benefit of clergy.

Benefit of dergy. A privilege of exemption from capital punishment,
granted to all who could read. The prisoner was then handed over to
the Court Christian, where he cleared himself upon his oath and that
of twelve persons as his compurgators. Later, it could be claimed
by laymen only once; and they were burned in the hand. The privi-
lege only applied to capital felonies; and was gradually removed by
statutes; see4Bl,Com,9SS,S66.

Benepladtum, {. Good pleasure. Durante benepladto ipsius: during
his good pleasure.

Benevolence. An extraordinary aid granted by freemen to the sover-
eign, nominally voluntary.

Benigne fadendae sunt intexpretationesy propter simplidtatem laico-

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BEQUEATH— BILL 93

mm, ut 168 magis vtleat quaxn pereat; et verba intentioni, non e
contra, debent inservire, I. InterpFetations are to be made liberally,
by reaflon of the ignorance of laymen, that the instrument may have
effect rather than be void; and worda ought to be made subject to
the intention, not the contrary. Benignior aententia in verbis general-
ibus sen dubiia eat praeferenda: the more liberal meaning of general
or doubtful words is to be preferred.

Bequeath. To give personal property by will.

Bercaria. A sheep-fold.

Berenica, bemita, L A manor; part of a manor; a hamlet i^purtenant
to a manor; a town.

Beighmote. The old name of the Barmote Court; see Coubt, 73.

Beria, 2., Berg. 1. A plain; an open field. 2. A berg; a manor; a
burgh.

Bemet, eax. Arson; any capital offence.

Beaael, Besaylle, etc., fr. A great-grandfather. A writ like Aiel,
brought on the sdsin of a great-grandfather; see Aebl.

Beates, bestialea, etc., fr. Beasts; cattle.

Bestiality. Connection between a human being and a brute of the
opposite sex; eee 10 Ind. 866; May Cr, L., ( WS; Rob. El. L. Rev. ed.,
i606.

Betterment A permanent improvement or addition made to lands or
houses by the occupant; something more than repairs.

Beyond aea, beyond the four seas. Out of the kingdom of Great Bri-
tain and Ireland. Out of the United States. Out of the State.

Bien,/r. Well; advisable; lawfully. Del bien astre: de bene esse, q. v.

Biennium, I. The period of two years.

Biens, fr. Goods; goods and chattels; property in general. Biena
meublea: bona mMlia, — movable goods.

Bigamy. The offence of having two wives or husbands at the same
time. In the civil and canon law, having them dther at the same
time, or one after the death of the other; see 2 Kent, 69; May Cr. L.,
§ 196; Rob. El. L. Rev. ed., § 6O4.

Bilaginea, bilagse, {. By-laws; laws of towns.

Bilan. A balance sheet.

BilateraL Two-sided; eee Contract.

Biline. Collateral.

Bilinguia, I. Double-tongued; one speaking two languages. Applied
to a jury de medietate linguae, allowed in England in cases between
an Englishman and a foreigner, where half the jury were of the
latter^s nation; a jury of the half-tongue.

Bill. A written statement or declaration; a complaint; a record; an

account. The word has many special and limited meanings.

I. In legal procedure: (Bill for cancellation: see Bill, I. 13.)

1. BUI in chancery or equity: the complaint of a suitor in chan-

oeiy, in the form of a petition, stating the case and praying relief

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d4 BILL

or disooveiy. It is the usual mode of beginning a chancery suit,
and corresponds to the declaration in an action at law. 2. Bill of
conformity: a bill in equity filed by an executor or administrator
against the creditors when the estate is so much involved that he can-
not safely administer it without the direction of a court of chancery.
3. Bill of costs: an itemized statement of the costs awarded the plain-
tiff or defendant in an action. It is demandable as of right before
payment of costs. 4. Bill of discovery: a bill in equity prajdng for
the disclosure of books, writings, or facts lying within the defendant's
knowledge; and claiming no other relief except delay of a process or
suit; see Discovert. 5. Bill of exceptions: a statement of the
directions given by the judge, or his decisions on points of law, to
which the party excepting objects. When signed by the judge, the
bill becomes part of the record, and may be brought before the court
in banc, or a superior court, for review. Its object is to furnish
information of record to the court of errors; see 1 Wig. Ev., § iBO,
6. Bill of indictment: a written accusation of one or more persons of
a crime or misdemeanor, presented to a grand jury. If they decide the
accused ought to be tried, the return is made a ** true bill," and
thenceforward it is called the indictment. Otherwise the return is
made " not a true bill," " not found," or " ignoramus " (we do not
know). 7. Bill of interpleader: when a person possesses goods or
money imder no claim of title, and two or more parties make such
claim, he being in danger of a suit from one or both of them; he may
have this bill in equity to force them to interplead, that is, to litigate
the title among themselves, and get judgment which is conclusive
upon all. In England, there is a summary process of interpleader at
law. 8. Bill of Middlesex: a civil process by which the Court of
King's Bench sitting in Middlesex assumed jurisdiction in civil cases
without an original writ from the Crown. It was founded on a ficti-
tious trespass committed within the county, of which the K. B. al-
ways had jurisdiction; and was a kind of 'capias. If the defendant
was not in Middlesex, a writ of latitat issued on the return of non est
inventus (he has not been found) directed to the sheriff of the coimty
where he was, alleging that the defendant lurks and wanders about in
such county. The true cause of action was introduced, in both writs,
by an ac etiam, q. v. 9. Bill for a new trial: a bill in equity pray-
ing for an injunction after a judgment at law, on grounds of fraud in
obtaining the judgment. 10. Bill or original bill: the old method
of commencing an action in the K. B., without a writ. It resembled
a declaration, and was in the form of a complaint, alleging a fictitious
trespass to give jurisdiction; see Bill of Middlesex. U. Bill of
particulars: the itemized statement of the demand or debts for which
an action is brought, or of the defendant's set-off. 12. Bill of peace:
a bill in equity brought by one threatened with a number of suits by
one or more persons based on the same claim, or involving the same

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BILL 95

controveny, to obtain a perpetual injunction of such suits. 13. Bill
to perpetuate testimony: a bill in equity brought to obtain and pre-
serve the testimony of witnesses with reference to some matter which
is not in litigation, nor can be put in litigation by the plaintiff. The
converse of a Bill for cancellation, which is brought to destroy evi-
dence which may affect the plaintiff injuriously at some future time.
So Bills to remove cloud upon title, to settle and confirm a title which
is really good, when the possessor fears possible injiuy from evidence
or deeds in possession of another, who has not brought action. All
these bills may be called (14.) Bills quia timet (because he fears),
which last title also includes bills filed by a remainderman of realty, or
a person having a future interest in personalty, to prevent injiuy to
such property or his rights thereto from the neglect or default of an-
other. 15. Bill of privilege: the old method of proceeding against
any attorney or officer of the court, who was not liable to arrest. 16.
Bill of review: a bill to review a judgment in chancery, either for
error or by reason of new evidence. 17. Bill of revivor: one brought
to continue a suit in equity which abated, as by death, or marriage of
the (female) plaintiff, before its proper consiunmation. 18. Sup-
plemental bill: one filed in addition to an original bill in equity, to
supply some defect by new matter which cannot be introduced by
amendment. 19. Bill to take testimony de bene esse: a bill brought
to get the testimony of an aged or infirm witness, or one about to leave
the country, to a suit already begim; see De bbnb esse. 20. True
biU: eee Bill, I. 6.

II. In legislation or constitutional law: the draft of a law submitted
to a legislative body for enactment. A special act. The solemn dec-
laration of a legislature. 1. Bin of attainder: an act of Parliament or
a legislature attainting a person; see Attainder. 2. Bill of indem-
nity: an act of Parliament passed every session for the relief of those
who have, unwittingly or unavoidably, not taken the necessary oaths
of office. 3. Bill of mortality: the list of deaths and births in a muni-
cipal district. These records were introduced in London about the
time of the Plague; hence the expression was*used to designate the
city limits. 4. BiU of rights: a legislative declaration of popular
rights and liberties, especially that of 1 W. & M., st. 2, c. 2.

III. In mercantile law: the written statement of a debt, demand, or
contract. 1. BiU of adventure: a writing signed by a merchant or
ship-owner to the effect that the property and risk in goods shipped
in his own name belong to another, to whom he is accountable for the
proceeds; see Adventure. 2. Bills of credit: paper issued by the
authority of a state, on the faith of the state, designed to circulate as
money; see 11 Pet. 267, Also, a letter giving a person credit on the
agents or correspondents of the maker for goods or money. 3. BiU
of debt: the old general term for a written engagement of a merchant
to pay money on demand or at a specified time. It included bonds

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96 BILL— BLASPHEMY

and negotiable paper. 4. Bill of exchange: a written order from one
person to another to pay a certain sum of money to a third i>er8on, or
his order, or bearer; see Big. B. N, & C. c. II., § 1. The first person is
the drawer; the second, the drawee, who, when he accepts it, becomes
the acceptor; the third, the payee; the person to whom the payee
indorses the bill, the indorsee; and the person in actual legal posses-
sion of the bill, whether indorsee, payee, or bearer, the holder. A bill
is inland when the drawer and drawee are residents of the same
State or Country (SS Miss. 14S), and foreign when they are not so
resident; see 10 Pet. 672; Big. B. N. & C. c. II., § 1. 5. Bin of Ud-
ing : a receipt issued by the master of a ship, or other common carrier,
to the shipper of goods, containing the contract of conveyance. It is
also a symbol of the goods themselves, property in which wiU pass,
subject to certain liens, by proper transfer of the bill of lading; ses
101 U. S. 567. 6. BOl of sale: an alignment in writing of personal
chattels. 7. BOl single: a bill of debt without penalty, superseded
by bills of exchange and notes. If with a penalty it was called a Bill
penal, and corresponds to a bond or obligation.

Billa,!. A bill; a declaration. Billa cassetur: that the bill be quashed.
Billa ezcambii: bill of exchange. Billa ezonerationis: a bill of
lading. Billa vera: a true bill; nee 4 Bl. Com. S06; Bill, I. 20.

Binding over. To hold in baU.

Bis, I. Twice. Bis petitum: twice demanded. Bis dat qui dto dat: he
gives twice who gives quickly.

Bitch. This word does not import whoredom and is therefore not
slanderous when applied to a woman; see 60 Ind. SS6.

Black Book of the Admiralty. An ancient repository of admiralty law,
containing the laws of Oleron with many ordinances and commen-
taries. Of the Exchequer: an ancient book of charters, conventions,
etc., kept in the Exchequer.

Black mail. 1. A tribute paid by the inhabitants of the northern
counties of England to some border chieftain to be protected from
the depredations of the Scotch border-thieves and moss-troopers.
2. Black rents: rents reserved in cattle, provisions, or labor, as dis-
tinguished from white rents, payable in silver.

Blada, I. Qom or grain; crescentia, growing.

Blanc, blanche, Jr., blancus, I. White; blank; smooth. Blanch fenne:
white rents; see Black mail, 2. Blanch holding: a Scotch tenure
like free and common socage, q. v.

Blank bar. Common bar; a plea in trespass which forced the plaintiff
to assign a certain place for the injury. Blank indorsement: eee
Indobsement.

Blasphemy. A false reflection uttered with a malicious design of revil-
ing God, either by attributing to Him that which is contrary to His
nature, and does not belong to Him, or to deny what does; «6e 20
Pick. 206: May Cr. L., § 194; Rob. El L. Rev. ed., § 603.

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BLEES— BONI 97

BleeSy bl6, /r. Com; grain. Blees scies: grain cut.

Blench holding. See Blanch holding.

Blodwite, mx. An amerciament for the shedding of blood.

Bloody hand. When a person was caught trespassing in a forest, it
was evidence of his having killed deer; see Backberbnd.

Boarder. One who makes a special contract with another person for
food with or without lodging; see 7 Cush. 417.

Boc, sax. A book; writing; deed; charter.

Boo-land. In Saxon law, land held by deed, and allodial; like free
socage. Folc-land was held by the people without written evidence
of title, and more resembled viUenage.

Bois, boys, /r. Wood. Haut bois: high wood. Sub bois: underwood.

Bon, bonne, /r. Good. Bones gents (good men) : persons qualified.

Bona, I Goods; property. Bona et catalla: goods and chattels. Bona
felonum: goods of felons. Bona forisfacta: goods forfeited. Bona
fugitivorum: goods of fugitives. Bona mobilia, ImmobiUa: goods
movable, immovable. Bona notabilia: goods worthy of notice, i. e.,
of the value of £5, If a decedent left goods worth £5 in more than
one diocese, administration had to be taken out before the metro-
politan of the province, by way of special prerogative, to avoid hav-
ing two or more administrators appointed by the different ordinaries
of the diocese; see 2 Bl. Cam, 609. Bona peritura: perishable goods.
Bona utlagatorum: goods of outlaws. Bona vacantia: goods without
an owner; goods foimd, or goods belonging to a person dying without
successor or heir; see 1 Bl. Com. 299. Bona waviata: goods waived;
goods stolen and thrown away by the thief in his flight.

Bona, bonus, bonum, I. Good. Bona fide: in good faith. Bona fides
non patitur ut bis idem exigatur: good faith does not suffer the same
thing to be twice sued for. Bone fldei emptor: a purchaser in good
faith. Bonse fidei possessor in id tantum quod ad se pervenerit tene-
tur : a person holding property in good faith is liable [to the real owner]
only for those [profits] which have actually come to him. Bona
gratia: voluntarily. Bona gustura: good behavior. Bona notabilia:
goods or chattels of sufficient value to be accounted for. Bona peri-
tura: perishable goods. Bona waviata: goods thrown away by a
thief for fear of apprehension.

Bond. An instrument under seal, wherein the maker or obligor ex-
presses that he owes or will pay a certain simi of money to the
obligee; usually with a condition added, that, in the event of his
performing a certain act or paying another sum, the instrument is
to be void. Bond and disposition in security: the Scotch term for
a mortgage of land. Bond tenants: copyholders and customary
tenants.

Boni et legales homines: good and lawful men. Boni judids est am-
pliare jurisdictionem: it is the duty of a good judge to construe his
jurisdiction liberally. Boni judids est judidum sine dilatione man-

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98 BONIS— BOTTOMRY

dare executioni: it is the duty of a good judge to put the judgment
into execution without delay. Boni judicis est lites dirimere, ne lis
ex lite oriatur: it is the duty of a good judge to put an end to suits,
lest suit ^should grow out of suit.

Bonis non amovendis, I. (The goods not to be removed.) A writ direct-
ing the sheriff to hold the goods of a person against whom judgment
hafi been obtained, pending the prosecution of a writ of error.

Bono et male. See De.

Bonus, I. A premimn given for a loan; see 24 Com, 147; Bona. Bonus
judex secundum squum et bonum judicat, et equitatem stricto juri
prsfert: a good judge decides according to what is just and good,
and prefers equity to strict law.

Book-lands. See Boc-Lands.

Book of acts. The records of a surrogate's court.

Boom. An enclosure formed of logs on the surface of the water for the
purpose of holding or collecting logs or other timber.

Boon-days. Certain days in the year when copyhold tenants did base
services for their lord.

Boot See Bote.

Booty. Property of the enemy captured in war on land. If captured
on the sea it \b prize; see 1 KerU, 110,

Bordage, bordagiimi, I, A species of base tenure by finding the lord
in provisions, or perhaps by carrying timber.

Bordarii, bordimanni, I, Cottagers; tenants in Bosdage, q, v,

Bordlands. Lands held in bordage; the demesne lands which the lord
reserved to supply his table.

Borgh, borg, sax. A pledge; a surety. Borghbrech: breach of the
mutual pledge existing among the members of a tithing for thdr good
behavior.

Borough, burg, bourg, fr, A walled town; a town sending a burgess
to Parliament. Later, a political division, organized for municipal
purposes; see 23 Conn. 128, Borough-court: see Court, 35, 57.

Borough English. A custom of burgage tenure, prevailing in some old
English boroughs or manors, whereby land descended to the young-
est son, instead of the eldest.

Borrow. Broadly, a contract for the use of money; see 78 N. Y. 177.

Borrower. See Bailment.

Borsholder: headborow, q. t;., the chief pledge.

Boscage. The food which cattle may obtain from trees and wood.

Boscus. Growing wood.

Bote, boot, sax. Compensation; reparation; an allowance; an estover.
Housebote: an allowance of wood to the tenant for repairing the
house; haybote or hedgebote, for his hedges; plougfabote or cartbote,
for his implements of husbandry; flrebote, for fuel.

Bottomry, bummaree. A contract by which money is loaned at a high
rate of interest (fcenus nauticum) upon the mortgage or hypotheca-

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BOUCHE— BRIBERY 99

tion of a ship. The loan is repayable only upon the safe return or
arrival of the ship; and is made to enable the master to make or con-
tinue his voyage; see 2 Bl. Com. 4^7; Respondentia.

Bouche,/r. Mouth. Ne gist en le bouche (it does not lie in the mouth) :
it is not for one to say.

Bought and sold notes. Memoranda of a contract made through a
broker, signed by him, and given, one to the buyer and the other to
the seller, when they become binding on both.

Boundary. Any separation, natural or artificial, which marks the con-
fines of two contiguous estates. A natural boundary is any object
remaining in the place where it was set by nature. An artificial
boundary is one set by man.

Bourg,/r. A walled town; a village; see Bobough.

Bovata terrae, Z. An oxgang, or oxgate, q, v.

Bozero, span. One who pleads the cause of another. An advocate.

Brachium maris, Z., Brace de la mer, fr. An arm of the sea:

Bracton. The writer of the treatise De Legibua et Conatietudinibiks
AnglitB; tempo Henry III.

Breadi of close. Unlawful or unlicensed entry on another's land.
Breach of peace: the term includes assaults, batteries, forcible entry,
criminal libel, public threatening, and turbulent and indecorous con-
duct; see VooT. Ar., § 117 et seq. Breach of privilege: an act or de-
fault in violation of the privilege of a parliament or legislature.

Breaking. To actually break, or merely set aside, anything relied upon
to protect the dwelling house against intrusion; see SB U. C. 244* The
act constituting a breaking in burglary, would also be a breaking in
the service of process; see 1 Hill {N. F.), 338.

Brehon law. The old Irish law existing before the conquest by Henry
II., so called from brehon, a judge.

Breve, pZ., brevia, Z., bref, bref e, /r., brieve, sc. A writ. A precept of
the King, in writing, issuing out of a court. Breve de recto: a writ of
right. Breve originale: an original writ; see Writ. Brevia antici-
pantia: writs of prevention, at common law; see Writ. Brevia for-
mata or de cursu: formed writs, or writs of course; see Writ. Brevia
judiciaUa: judicial writs; see Writ. Brevia nominata: named writs,
writs specifying the circumstances of the case; formed writs, q. v,
Brevia innominata: writs making only a general complaint. Brevia
magistralla: writs prepared by the masters in chancery in cases where
there were no brevia formata, the writ being varied to suit each case.
The necessity for them was removed by Stat. West. II., c. 24, author-
izing writs upon the case; see Action on the case; Writ. Brevia
testata: short written memoranda of conveyances by livery or hand
grants, from which the modem deed has grown. They were not
signed, but contained the names of the witnesses to the conveyance;
see 2 Bl. Com. 307.

Bribery. Receiving or offering any undue reward by or to any penon

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100 BRIEF— BUYING OF TITLES

whose ordinary profession or business relates to the administration
of public justice, in order to influence his behavior in office, and induce
him to act contrary to the known rules of honesty and integrity; see
May Cr. L., f I4O; Rob. El. L. Rev. ed., § 516.

Brief. In England, a statement of a client's case, prepared by the
attorney for the convenience of the barrister, containing the facts,
pleadings, names of witnesses, and suggestions. In America, a writ-
ten or printed argument of counsel submitted to the court.

Brigbote, brugbote, sax. A contribution for the repair of bridges.

Brocage, brokerage. A broker's pay, or conunission.

Broker, brogger, broccator, I. An agent employed to buy, sell, or
make contracts.

Brothel. A common habitation of prostitutea

Brutum fulmen, I. An empty threat.

Buggery. See Sodomy.

Bulk. Merchandise which is neither counted, weighed, nor measured.

Bundling. The practice of lovers sleeping on the same bed without
imdressing; eee S Clark {Pa. L. J. R.), 169.

Burden of proof. The duty of proving the facts in dispute between the
parties to a cause; eee 4. Wig. Ev., § B48S et seq.

Bureau, fr. A place where business is transacted.

Burg. A borough. Burgbrech: see Bobghbrech. Burghmote: see
Court, 35.

Burgage. A tenure by which houses, or lands formerly covered with
houses, in an ancient borough, are held of the King or lord of the
borough. It is a kind of socage, affected by some old Saxon customs;
see BoBOUGH Engubh.

Burgator, {. See Bubglab.

Burgbote. A tribute towards r^airing the walls of a town.

Burgess, bourgeois, fr. The freeman of a borough; a magistrate; an
elector; a representative in Parliament.

Burglar, burgator, {. One who breaks and enters the dwelling-house of
another by ni^^t, with felonious intent. (This definition has been
much changed by statute.) See May Cr. L., f £56; Rob. El. L.
Rev. ed., § 566.

Burgomaster. A German official who performs the duties of a mayor.

Burking. Murder for the purpose of selling the bodies for dissection.

Business. A series of acts which occupies the time, attention, and
labor of a man for the purpose of livelihood or profit; eee 50
Ala. ISO.

Butts and bounds. The lines separating a piece of land from the land
surrounding; see Abuttals. Butts also means the comers or angles
of such lines.

Buying of titles. The purchase of land or claims to land from one not
in possession. The transfer was void, and an offence at common law;
see Chaicpebtt.

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BY-BIDDING-CAMERA 101

By-bidding. Bidding at auction, for the purpose of raifling prices, with

the connivance of the vendor, without an intent to purchase; <ee ii

8. & R, 86,
By-Uws. Local laws of towns or courts. Laws made by a corporation

for itself ; see 7 Barb, 6S9.
By the bye (I., obiter). Incidentally; without special process. Used of

a declaration filed, against a person already in custody, by another

plaintiff, or for a new cause of action.

C. B. For Common Bench. C. P. For Common Fleas.

C. O. D. Collect on delivery; eee 73 Me, £78.

Qkffr. Here. C^ ct lH: here and there.

Ca. resp., Ca. sa. For Capias, etc., g. v.

Caballeria, span. A quantity of land; eee IS Pet. 444^ n.

Cablish, Cablis^/r. Brush-wood; wind-fallen boughs.

Cacicazgos, span. Lands held in entail.

Cadere, I. To fall; end; cease; fail; abate. Cadit qiUBsdo: there is an
end of the question. Cadere a, or ab : to fall from ; fail in ; lose. Cadere
assisa: to be cast; nonsuited. Cadere in: to faU into; change into;
become liable to.

Cadi. A Turkish magistrate.

Caducus, {. Falling. Caduca: escheats.

Caducary. Relating to escheats or forfeitures.

Csesarian operation. Taking the foetus from the womb of the mother
by an artificial opening above the pelvis.

Csetera desunt, I. Other things [the rest] are wanting. Cateria pari-
bus: other things equal. Ceteris tacentibus: the others silent [ex-
pressing no opinion].

Cseteronsm, l. Administration cceterorum is given as to the rest of the
estate, after a limited power has been exhausted.

Calcetum, calcea, I. A causey.

Call. To call, in land law, is to require a point of surveying to corre-
spond with some natural object. Such objects, or bases of survey, are
termed the calls. Calling the plaintiff: a formal nonsuiting, when
the plaintiff desires to abandon the case, effected by his nonappear-
ance at the call of the crier. Calling to the bar: the making a student
a barrister at law.

Calunmiare, I. To claim; object to; challenge.

Cambipartia, I. Champebtt, q. v.

Cambist A dealer in notes and bills of exchange.

Camera, I. A chamber; judge's chamber; a treasury; see Chambbb.
Camera regis (a chamber of the king) : a harbor or place of oonuner-
cial privilege. Camera scaccarii: the Exchequer Chamber. Camera
stellata: the Star Chamber; see Coxtbt, 44.

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102 CAMPERTUM— CAPIAS

Camperttun. A field of grain or com.

Cilmpas, I. Afield. Campfight; battel. Campi partitio: Chahpbbtt.

Cancellaria, Z. Chancery. Cancellarius: the chancellor. Cancelli:
bars; lattice-work; whence the name of the Court of Chancery;
see A.

Cancellation. Destruction of a writing animo revocandi, by croeedng
out, tearing) or destroying it.

Candidate. One who seeks office, whether nominated or not; see 1 IB
Pa. 6U'

Canon. 1. A law. 2. A prebendary; member of a chapter. Canon
law: the law of the Church of Rome as to matters in its jurisdiction,
and partly preserved in English ecclesiastical law and admiralty.

Cantred. In Wales, a hundred, q. v.

Capaz, L A taker or holder; capable of; see Dou.

Cape, l. (Take.) A writ judicial, issued in real actions for the recoveiy
of land, directing the sheriff to take and hold the land when the tenant
or defendant made default. The grand cape, cape masnnm, was
awarded when the defendant had never appeared to the summons,
and required an answer to the default and the demand; the petit
cape issued after appearance, and required* an answer to the de-
fault alone. Cape ad yalentiam: a kind of g^rand cape, awarded
a defendant in a real action when the person whom he caUed to
warrant made default and the demandant recovered. It com-
manded the sheriff to take land of the vouchee to the value of the
land recovered.

Capias, L (That you take.) The general name for a writ of attach-
ment or arrest. 1. The capias ad respondendum, called commonly
capias, was a judicial writ issuing from the C. P. or K. B., supposed
to be founded on an original, directing the sheriff to arrest the per-
son of the defendant, and have him before court on the return day to
answer the plaintiff in his suit; see Rob. El. L. Rev. ed., § B99, If the
sheriff returned non est inventus, or the defendant lived in another
county, a testatum capias issued from the C. P. to the sheriff of that
county, reciting such fact, and ordering his arrest as before; so, in
the K. B., a Bill of Middlesex; see Bill, I. 8. 2. Capias ad satis-
faciendum: a writ of execution of the highest nature, commanding
the sheriff to have the defendant before court on a certain day to
satisfy judgment; its effect was to imprison the defendant until he
made satisfaction; see Rob. El. L. Rev. ed., § 347. 3. So, ad compu-
tandum, on a judgment that the defendant account. 4. Capias ad
audiendum judicium: a writ to bring in a defendant, who has been
found guilty of a misdemeanor in his absence, to hear judgment.
5. Capias in withernam: a writ of reprisal granted one whose cattle
or goods have been distrained and carried out {eloigned) of the coimty
so they cannot be replevied. It directed the sheriff to take other
cattle or goods of the distrainor, of equal value; see Withebnam.

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CAPIATUR PRO FINE-CARTA 103

6. Capias pro fine: an obsolete writ ordering the arrest of an unsuc-
cessful defendant in cases where a fine was due from him to the
King. 7. Capias utlagatom (that you take the outlaw) : a writ for
the seizure of the goods or person of an absconding defendant who
has been outlawed; see Exigent.

Ci^iatur pro fine, I, Let him be taken for the fine; see Capias, 6.

Capita, I. Heads; i>ersons. Per capita: by heads; per head; in distinc-
tion from per stiipem, by stock; by way of rei^resentation; see Caput.

Capital, capitalis, L Chief; principal; affecting the head or life. Capi-
talis dominus, plegius, debitor, baio, etc.: the chief lord, surety,
debtor, baron, etc. Capitalis justitiarius: in old English law the
chief justiciar or justice.

Capital crime. One punishable by death.

Capital stock. The entire sum agreed to be contributed to an enter-
prise; see 40 Ga. 98.

Capitaneua, I. A person holding an estate in capite; a captain.

Capitation. A poll or personal tax.

Capita, in. See Caput.

Capitolum, {. A leading division of a book, as a chapter, or section.

Captio, l.y caption. 1. A taking; a seizure; an arrest. 2. The heading
of a document.

Caput, I. A head; a person; a chief; beginning; principal. Caput
anni: the first, day of the year. Caput baronise: a nobleman's man-
sion-house, which descended to the eldest daughter if no son. Caput
lupinum (a wolf-head): an outlaw. Caput, prindpium et finis: the
head, beginning and end. In capite: in chief; directly of the King or
chief lord. Capitis deminutio: loss of condition or rank.

Car, Jr. For; because. Car entant: forasmuch.

Carat Four grains in weight.

Carcare, I. To load. Carcata: freighted.

Career, l. A gaol. Career ad homines custodiendos (continendos)
non pttniendos haberi debet: a gaol ought to be kept to guard (con-
fine) men, not to punish them.

Care. Attention; caution; vigilance; diligence; and impljdng respon-
sibility for such.

Cargo. Goods on board a vessd; see 103 Mass, Jfl6.

Carlisle tables. Life and annuity tables compiled at Carlisle, England.

CamaL Of or pertaining to the body or its appetites; animal; sensual.

Camaliter cognovit, I. [He] carnally knew.

Carnal knowledge. Sexual connection; see 97 Mass, 69.

Carrier. One who carries goods for hire; see Common cabbisb.

Carry. To bear. Locomotion is not essential; see 31 Ala, 389. Carry
on: a single act is not '* carrying on " a business; several acts are
necessary; see 62 Ala, 20.

Carrying away. See Aspobtation.

Carta, cliarta, l. A deed; charter; see Chabta.

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104 CARTE BLANCHE— CASUS

Carte blanche, /r. A white sheet of paper; a blank instrument. Used
of a signature, given with authority to superscribe as desired.

Cartel. A written challenge. An agreement between two hostile states
relating to the exchange of prisoners. Cartel ship: a ship of truce,
unarmed, employed to carry messages, exchange prisoners, etc., be-
tween two hostile states.

Carucata, I. From caruca, a plough. A plough-land; a carve of land;
as much land as one plough could cultivate.

Carvagei carucage. A tax imposed on each plough, or carve of land.

Cas,/r. Caae. Caafortuit: an inevitable event.

Caae. 1. See Action upon the case; Trespass on the case. 2. An
action or suit at law; see Rob, EL L. Rev. ed., f $60, Case agreed, or
stated: a statement of the facts agreed on by the parties, or by an-
other court, and submitted to the court without trial for decision of a
point of law. It is a substitute for a special verdict; see 8 W, A S. Jfl.
So, case reserved, or made, special case, where points of law are re-
served by the judge or parties for the decision of the court in banc,
and a nonsuit or verdict is ^ven subject to such decision.

Cassare, {., casser, /r. To break; to annul; quash. Cassatio, I,: a
quashing; an abatement. Cassation, /r.; the annulling or appeal of a
judgment; the French highest court of appeal. Cassetur billa or
breve: let the bill or writ be quashed; the form of judgment for the
defendant on a plea in abatement.

Cast To allege, proffer, overthrow, defeat, place upon, or invest with;
eee SO Ccd. SSB, Cast an essoign: to put in an excuse for non-
appearance in an action.

Caste, {. Chastely. *

Castigatory. See Common scold.

Castle guard or ward. A feudal service or tenure. An imposition laid on
dwellers within a certain distance of a castle to maintain the garrison.

Casu consimili, Z. 1. In a similar case; see Action on the case. 2.
An old writ of entry which lay for a reversioner to recover land alien-
ated by a tenant for life or by the courtesy, for a greater estate than he
held; see S Bl. Com, 61 j 18S; so called because like the writ of Casu
proviso, which was a similar writ brought against a tenant in dower.
Both could be brought during the life of the tenant, thus differing from
Ad communem legem.

Casual. Happening by accident, or brought about by unknown causes;
see 66 WU. 98.

Casual ejector. The fictitious defendant in ejectment, q, o.

Casttalis, {. Happening by chance.

Casualty. Inevitable accident.

Casus, {. Case; event; chance. Casus foederis: a case within a treaty,
to which itappUes. Casus fortuitus: an inevitable event; a chance
occurrence. Casus fortuitus non est sperandus, et nemo tenatur
divinare: a chance event is not to be expected, and no one is bound

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CATALLA— CAVEAT 105

to foresee it. Casus major: an extraordinary casualty. Casus omis-
sus: a case omitted, or unprovided for. Casus omissus et oblivioni
datus dispositioni juris communis relinquitur: a case omitted and
forgotten is left to the disposal of the common law.

Catalla, L Chattels; all goods except fees and freeholds. Catalla
otiosa: dead goods [not animals]; idle cattle [not beasts of the
plough].

Catallis reddendis. See Ds.

Cataneus. A tenant in capiU, q. v.

Catchpole. A sheriff's deputy; a bailiff. So called because he was sup-
posed to catch the prisoner by the poll, that is, the head or neck.

Cattle. Domestic animals useful for food or labor, such as sheep, oxen,
swine, horses; see 1 Bl. Com, 298; 21 WaU. 299.

Catalla, {. Movables.

Cattle-gate. A right of pasturing cattle in another's land.

Causa, L Cause; occasion; reason; a suit. Causa causans or remota:
the original or remote cause; see 96 U. S. 132, Causa causata or
pnudma: the immediate or next cause. Causa mortis, adulteri^ im-
potenti»: by reason of death, adultery, impotence. Causa proxima,
non remota, spectatur: the inunediate cause is considered, not the
remote. Causa et origo est materia negotii: the cause and origin of
a thing are material parts of it. Causa matrimonii prsBlocuti: an old
writ of entry which lay for a woman who had given a man lands in
fee with intent that he should marry her, and he refused; see S BL
Com, 183, Causa jactitationis maritagii: in ecclesiastical law, a suit
of jactitation of marriage, to enjoin silence on one claiming to be
married to the libellant. Causa sine qua non: a cause without which
a thing cannot be or exist; see 111 U, S. 241, Causa turpis: an un-
lawful motive or purpose; see 101 U, S, 43,

Causam nobis significes, I. (That you signify to us the reason.) A writ
that lay against the mayor of a town who had refused to deliver seisin
to the grantee of the King.

Cautela, I, Caution; care; vigilance; see 59 Pa, 333,

Cautio, I., caution. Security; bail; a bond given by way of surety.

Cautioner. A bondsman.

Caveat, I, (Let him beware.) A formal notice to a court or a judicial
or ministerial officer not to do some act, or not without notice to the
caveator. It is filed by the party having interest in the matter, to
prevent the enrolment of a decree in Chancery when an appeal is con-
templated, to prevent the probate of wills, granting letters of admin-
istration, letters patent, a patent for lands, and in other cases; see 38
N, J. Eq, 488, Also a form used to prevent issue of land patents where
surveys are disputed. A legal notice to the patent office that the cav-
eator claims as inventor. Caveat actor: let the doer beware. Caveat
emptor: let the purchaser take care; see 1 WaU. 309; 144 Mass, 324;
$ Bl, Com, 4^1, In the absence of warranty or special covenant, the

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106 CAVEATOR— CERTIFICATE

seller guarantees neither title nor quality of the goods or lands.
Caveat emptor, qui ignorare non debuit quod jus alienum emit: let
the buyer take care, who ought not to be ignorant that he is buying
another's right. Caveat venditor: let the seller take care. Caveat
viator: let the traveller take care.

Caveator. One who files a caveat.

Cayagium, I. Kayage, a duty paid for landing goods at a wharf.

Ce, cecy, ceo, /r. This.

Ceans, /r. Here within.

Ceapgild, sax. Payment, or forfeiture, of an animal.

Cede. To assign or transfer.

Cedent An assignor.

Cedula, span. A signed obligation acknowledging a debt and promis-
ing to pay.

Cel, celle, celuy, /r. That.

Celibacy. The condition of a person not married.

Cenegild, sax. A mulct paid by the slayer to the kin of a person slain.

Cenninga. A notice from a vendee to the vendor that the goods sold
were claimed by another.

Cens. An annual payment imposed in recognition of the superiority
of the lord or seignor.

Censaria. A farm, or house and land let for rental.

Censo, span. An annuity or groimd rent.

Centena, I, A hundred, q, v.

Central Criminal Court. See Coukt, 47.

Ceo, /r. See Cb.

Ceorl, carl, churl, sax.y Ceorlus, L A freeman of inferior rank; a tenant
at will by rents or services; a husbandman.

Cepi corpus, I. I have taken the body; see 3 Bl. Com. 288, Cepi cor-
pus et paratum habeo: I have taken the body and have it ready.
These were the returns of a sheriff to a writ of capias when the party
arrested was out on bail. If in actual custody, the return was cepi
corpus et est in custodia.

Cepit, I. He took. Replevin in the cepit: when brought for the taking
only, not the keeping; see Replevin; Detinet. Cepit in alio loco
(he took in another place) : the plea in replevin when the defendant
intended to avow and claim a return. Cepit et abduzit (he took and
led away) : emphatic words in a writ of trespass brought for animals;
cepit et asportavit (he took and carried away), if brought for goods.

Cert money. Head-money paid by tenants to the lords of manors for
the keeping of the court-leet.

Certainty. Accuracy and distinctness of statement; see 101 M. S. 471.

Certificate, trial by. When an action was determined by the written
evidence of some person best informed, which is final. Certificate into
chancery: the opinion of a common-law court on a matter arising in
a chancery suit.

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CSERTIFICATE OF DEPOSIT— CET 107

Certificate of deposit A written statement from a bank that a certain
party has deposited a certain sum, and that it is held subject to his
order. By custom they are negotiable; see 40 N^, 484-

Certification of assize. An old writ for review of a matter tried by assize.

Certified check. A check as it were accepted, by having the bank's
teller or cashier write his name across the face, thereby admitting
that the bank has funds to meet it; see 18 Wall. 604; 1^ L. R. A. 4^2;
166 U. S. 444; 6 H. L. Boo, 138.

Certiorari, I. (To be made more certain; to be informed.) A writ issu-
ing from a superior court to an inferior, before verdict, requesting the
latter to send up the proceedings or record for review or trial. It was
an original writ issuing from Chancery or the K. B. in civil or criminal
cases. It was also auxiliary to a writ of error. It lies, in the XJ. S., to
courts not of record, or tribunals proceeding not according to the
common law, and alter judgment; see 108 U. S, SI; 112 Mass. 206;
Rob, El, L. Rev, ed., § 27S. A bill of certiorari was a bill in chancery,
praying relief, and the removal into chancery of a suit in an inferior
court of equity, for reason of incompetency or hardship; see Story
Eq. PL, § 298.

Certnm est quod certum reddi potett, L That which can be made cer-
tain is certain; see 101 U. S. 633.

Cesionario, span. An assignee.

Cesaare, I. To cease; to stay; to stop. Cessante caoaa, cessat effecttis :
the cause ceasing, so does the effect. Cessante ratione legis, cessat
et ipsa lex: the reason of the law ceasing, so does the law itself. Cea-
aavit per biennium: the writ of an obsolete real action for the recov-
ery of h&nd, which lay for a lord against a tenant in fee who ceased
during two years to pay rent or perform services; also against a reli-
gious house who held lands by spiritual services or alms, when there
was not enough goods and chattels on the land for a distress; see 3 Bl.
Com. 232. Cesset ezecutio, or procesaoa: let the execution or process
be stayed; the old formal order, and entry on the record, for such
delay.

Cesser, cesaare. Neglect; omission.

Cessio, I. A surrender or giving up.

Cessio bonorom, I, The abandonment or assignment by a debtor of all
his property for the benefit of his creditors; see 2 Bl, Com. 473.

Cessionary. An assignee.

C'est as^voir, asaver, /r. That is to say; to wit.

Cestui, ce8tuy,/r. He. Cestay que doit enheriter al pdre doit enheriter
al fitz: he who would be heir to the father shall be heir to the son.
Cestuy que trust (he who trusts) : the beneficiary imder a trust; see
2 Bl. Com, 328. Cestuy que use: he to whose use or profit another
is enfeoffed or seised of Isolds; see 2 Bl, Com. 328. Cestuy que vie:
he whose life determines an estate for life; eee ^ Bl. Com. 123.

Cet|Cettuyi/r. That. Ceuz, ceulz: those.

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108 CHACEA— CHANTRY

ChaceiK^ {., chace, Jr. A chase.

Chalenger, /r., challenge. To object; except to; to claim, or deBoand;
to dispute. Challenge to the array: an objection to the whole panel
of jurors. Challenge to the polls: an objection to a juror or jurors
singularly and personally. There are four kinds of this challenge:
propter honoris respectum, on account of honor; as if a lord of Parlia-
ment be called; propter defectum, for defect; as lack of estate, or
other qualification; propter affectum, for partiality or bias; as opin-
ion formed; «ee S BL Cam. S63; 4 id, S62; propter delictum, for some
dime or misdemeanor that renders him infamous, or affects his credit;
see S Bl. Com. S61. These are all challenges for cause in distinc-
tion from peremptory challenges, which are usually allowed in crim-
inal cases. They are also principal challenges, in distinction from
challenges for favor, a weaker kind of challenge propter affectum, as
for acquaintance, probable opinion, or the like.

Chamber. A court; a treasury. Chambers: the private room of a
judge; any place where he does business when not sitting in court.
The King's chambers: parts of the sea, included within lines drawn
from one point of land to another, over which the nation claims
jurisdiction, and where all hostilities must oease.

Champertor. One who is guilty of champerty.

Champarty, champerty. The offence of aiding another man in his suit
upon condition to have part of the thing in suit when recovered or
preserved. It included the purchasing of the thing pending the action,
and the buying of titles, and was a kind of maintenance ; see May Or.
L., § 14S; Rob. El. L. Rev. ed., § SeS.

Chance. That which happens without pre-estimation by understand-
ing; see / Wash. Ter. SS6.

Chancellor. The judge of a court of equity. The highest officer of a
imiversity, usually an honorary position. A president, or judicial
officer. Chancellor of a diocese: he assists a bishop in law matters,
and holds his consistory court. Chancellor of the Duchy of Lancas-
ter : he presides over the Duchy Court. Chancellor of the Exchequer :
he formerly presided in the Exchequer, with the barons of that court,
over whom he took precedence, and looked out for the interests of
the Crown; and sat also in the equity side under the Lord High Treas-
urer. Now the principal finance officer of the government. The
Lord High Chancellor is the highest judicial officer of the realm, su-
preme judge of the Court of Chancery, Keeper of the Great Seal,
privy councillor, and Prolocutor of the House of Lords.

Chance-medley. Accidental killing in self-defence, on a sudden, un-
premeditated attack.

Chancery. Equity; a court of equity; see Court, 15.

Chanter, chaunter, /r. To sing; to declare aloud; to find a
verdict.

Chantry, chauntry. A church, chapel, or altar endowed with lands for

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CHAPELRY— CHATEL 109

the maintenance of priests to do spiritual service, or sing masses for
the repose of the soul of the donor.

Chapeky. The precinct of a chapel.

Character.' . The quaUties impressed by nature or habit on a person,
which distinguish him from other persons. Reputation is not char-
acter but may be evidence of character; see 8 Barb. 608, ** Character "
is what a person really is. " Reputation " is that which he is reputed
to be; see 5 Iowa S94.

Charge. 1. A burden, incimibrance, or lien; as when land is charged
with a debt. 2. A claim; demand. 3. The summing up, or final ad-
dress of a judge to a jury. 4. The charging part of a bill in equity,
either alleging evidence, or matters in anticipation of the defence, or
to which the plaintiff wishes the defendant's answer. Charge and
discharge: the old method of taking accounts in chancery, where the
plaintiff delivers his account to the master, and the defendant his dis-
charge, his objections, or counter-claim. Charging order: an order
obtained under English statutes by a judgment creditor to have the
stock of the debtor in any public company or funds charged with the
debt.

Charta, L A charter; a deed; an instrument under seal. Charta com-
mnnis: an indenture; a deed with mutual covenants; so charta cyro-
graphata: a deed executed in two parts. Charta de non ente non
valet: a deed of a thing not in existence is void. Charta partita: a
charter-party. Chabta Magna, db Fobsbta, see those titles.

Charter^Umd. Boc-land; land held by written evidence; freehold land.

Charter-party. The contract for hire of a vessel; see 22 How, SSS,

Chartis reddendis. SeeDE.

Charue, /r. A plough.

Chasconiy /r. Each; every.

Chase, chace. 1. A tract of wild land, in size between a forest and a
park, unenclosed, and not subject to forest law, privileged for game
and wild animals. 2. A franchise granted to a subject empowering
the latter to have a chase. 3. The right of hunting wild animals;
common chase, where every one has such right.

Chasti^. That virtue which prohibits imlawful sexual intercourse.

Chatei, chatelle, /r., chatteL A chattel; any article of property not a
freehold or fee in land; see Rob, El, L, Rev. ed., § IJiO; 2 BL Com. 385,
Chateuz, cateux, /r., chattels, catals: plural; see Catalla. Cateux
meubles, immeubles: goods movable, immovable. Chattels real:
such as are annexed to, or arise from, real property, but yet do not
amount to a freehold, such as a lease for years. Chattels personal:
movable goods, or interests concerning them, not annexed to the
realty. Chattel interest: an interest in realty not amounting to a
freehold, and which is usually governed by the law of personal prop-
erty. Chattel mortgage: a transfer of chattels as security for a
debt or other obligation.

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110 CHAUD-MEDLEY— CHIROGRAPH

Chaud-medley. Killing a man in an affray in the heat of passion; MS

Chaunter, duuntry. See Chanter, etc.

Cheat A deceitful practice by means of some artful device, intended
to defraud another of his known rights; see 7 Johns. 204; ^ Mass..
72; May Cr. L., § S18,

Cheeky cheque. A check resembles an inland bill of exchange. It is
an order on a bank or banker for the payment of money to the drawer,
or a third person, order, or bearer; see Big. B, N. & C, 2d ed, c. II,
There is, however, no distinct acceptance; no days of grace are
allowed; and it is not a matter of credit, but an expropriation of
money in the hands of the bank.

Cheser» cheir, chaier, etc., fr. To fall. Chaye: fallen. Chet, chiet: it
faUs; happens. Cheaunce: an accident; chance.

Chef,/r. The head; chief; beginning.

Chemin, diiminy/r. A way; a road; a journey.

Chescuiy/r. Each; every.

Chet See Chbser.

Chevage, chivage, fr., chevagiuin, Z., chiefage. A sum of money paid
yearly by villeins to their lord in acknowledgment of bondage. A
poll-tax paid to the King by the Jews.

Chevantia. A loan of money.

Chevisance, /r. A bargaining; contract. An usurious agreement.

Chief. Head; lord; principal. Chief justice: the oldest, or presiding
judge of a court. The chief justice of England is the chief justice of
the K. B. Chief lord: the ultimate or highest lord of the fee, of whom
the mesne lords held, before Stat. Quia Emptores. A tenant in chief
is one holding directly of the chief lord, of the king. Chief rents:
quitrents; rents paid by the freeholders of a manor in discharge of all
services; see Rents of Assize. Chief-pledge: a head-borow; bors-
holder; the head of a decennary. Chief, tenure in; see Chibp
LoBD. Examination in chief: the first examination of a witness, as
distinguished from cross-examination.

Chiltem Hundreds. The hundreds of Stoke, Desborough, and Bonen-
ham, the stewardship of which is a nominal office in the gift of the
Crown. As acceptance of an office under the Crown vacates a seat
in the House of Conmions, this office is given to a member wishing to
retire, to evade the principle that a member of Parliament cannot give
up his seat.

Chimin, fr. A way. Chiminage: a toll paid for having a way through
a forest. Chiminus: the way by which the king, his subjects, and
those under his protection may pass.

Chippingavei. A toll for buying and selling.

Chirgemote, chirchgemote, sax. A synod; an ecclesiastical court.

Chirograph. A deed; indenture; a fine of lands. The word was written
between the two parts of an indenture in the place where the paroh«

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CHIVALRY— CIVIL 111

ment was cut; «ee f BL Com, 296. Chirographiim a]md deUtorem
repertum prasumitur sohitoxn: a bond found with the debtor is pre-
sumed to have been paid.

ChiYalxy. KnightHservice; «ee Tenubs.

Chose, /r. A thing. Chose in action: a personal right to a thing not act-
ually in possession, but recoverable in a suit at law, or to the perform-
ance of a contract; see 8 How, 449; Rob, El, L. Rev, ed,f g 141-

Chose in possession: a thing actually possessed and enjoyed.

Chxistian. One who assents to the truth of the doctrine of Christianity,
as taught by Jesus Christ in the New Testament. Mohammedans,
Jews, Pagans, and infidels are excluded; see 63 N, H, 9.

Chiistianitttis curia. The Court Christian; see Court, 79.

Christianity. The religion established by Jesus Christ. It is a part of
the common law; see 11 S. & R. S94; 20 Pick. 206,

Christian name. The name given by baptism.

Church. An association of persons professing the Christian religion, or
the building in which they assemble for worship; see 10 Pick, 19S;
S Tex. 288,

Churi. Cborl, q, v,

Cif cy» si, fr. So; here. Ci devant: heretofore. Ci Uen: as well. Ci
tost: as soon as. Cy gist: here lies.

Cinque ports. Five (now seven) ports on the S. E. coast of Enghmd
having privileges of their own, with a governor called Lord Warden,
and an exclusive jurisdiction of their own, for which they were bound
to furnish a certain number of ships and men-at-arms to the King,
— Ronmey, Dover, Sandwich, Hastings, Hythe, Winchelsea, and
Rye.

Cippi, Z., dpps, cepB, fr. The stocks.

Circa, {. About; concerning.

Circar. A Hindu head official; the government.

Circuit A division of the coimtry into judicial districts. The journey
of a judge around the country for the purpose of holding courts; see
Assize. Circuit court: see Court, 105.

Circuittts,Z. A going round; a roimdabout way; a more indirect way
than is needful. Circuitus est evitandus: circuity of action is to be
avoided.

Citadon, span. An order of court directing the defendant in a suit to
appear and defend it within a given time.

Citatio, {. Citation; a summons to court; the first process in an eccle-
siastical cause.

Citizen. In England the inhabitant of a city. In the U. S. one who
has a right to vote for representatives in Congress, and other public
officers, and who is qualified to fill offices if elected thereto by the
people; see 92 U. S, 542.

Civil. Used in contradistinction to criminal, or ecclesiastical, or military,
or political, or barbarous. Civil action: one grounded on a private

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112 CIVILrrER— CLERICUS

right, seeking to enforce it, Or to obtain compensation for a private
injury. Civil corporation: a lay corporation not eleemosynary; mu-
nicipal or trading corporations. Civil death: the privation or extinc-
tion of a person's legal rights and capacities, as when a man became
outlawed, attainted, or entered a monastery. Civil injisiy: the private
wrong resulting from a breach of contract, a tort, or a crime. Civil
law: 1. The Roman law, as expressed by Justinian and his succes-
sors; 8ee Corpus juris civilis. 2. Municipal law, the law of a
nation as distinguished from the law of nations. 3. Not criminal law.
Civil liberty: a man's Uberty as restrained by law. Civil list: in
England, the sum appropriated for the expenses of the royal house-
hold and establishment. In the U. S., the general expenses of the
government, except for the army and navy. Civil obligation: one
which binds in law, and which may be enforced by the courts.

Civiliter, L Civilly. Civiliter mortuus: dead in law; see Civil dbath.

Claim. A demand of some matter as of right made by one person upon
another, to do or forbear to do some act or thing as a matter of duty;
see 16 Pet. 616.

Clam, I. Secretly.

Clamare, L To cry out; claim. Clamor: a complaint; a claim; an
outcry.

Clarendon, Constitutions of. Statutes made at Clarendon in the reign
of Henry II., whereby the power of the Pope and clergy was checked,
and their immunity from secular jurisdiction limited; see 4 BL Com.

Clause. Close; sealed; used of writs not open or patent

Clausula, I, A clause; a sentence. Clausula generalis non refertur ad

expressa: a general clause does not (refer to) cover things (expressed)

specially mentioned. Clausula qu» abrogationem exdudit ab initio

non valet: a clause forbidding (abrogation) repeal is void from the

beginning. Claustdse inconsuets semper inducunt suspidonem:

unusual clauses always arouse suspicion.
Clausum, L 1. Clause. 2. A close. Clausum fregit: he broke the

close; see 3 BL Com. iB09; Trespass.
Clearance. A certificate given by the coUector of a port to a ship about

to sail, that she has complied with the law, and is duly authorized to

depart.
Clearing-house. An office where bankers make daily settlements of

their accounts.
Clergy. Persons in holy orders; hence, persons who could read; see

Benefit op clergy.
Clericale privilegium, {. Benefft of clergy, q. v.
Clerici prsenotarii, I. The Six clerks in chancery.
Clerico admittendo, etc., I. See De.
Clericus, I.. A priest; a clerk; or any one who has taken orders in a

church.

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CLERIMONIA— OOGNOSCERE 113

Clerimoiiia» L Clergy.

Clerk. A person in ecclesiastical orders. Anciently, a person who could
read. For Six clerks, clerks of the Hanafsb, Pottt bag, see
those titles.

Clerusy L The clergy.

Close. 1. A piece of land held as private property, even if unfenoed.
2. Clause; sealed. Close writs: liie opposite of letters patent. Writs
directed to the sheriff, not the lord; or to a particular person, not
people generally. Close rolls : rolls preserved among the public records
in England, containing the record of close writs and other documents.
Close copies: not office copies, which required to have a certain num-
ber of words to each sheet, but copies written close, or mot, at pleasure.

Cloud on title. See Bill, I. 13.

Clough. A valley.

Club. A voluntary unincorporated association of persons for sodal,
business, or political purposes. It is not a partnership; aee2 M.dtW.

ire.

CoadiinatiOy {. A uniting together; a conspiracy.

Cocket The seal of a custom-house. A certificate that the duties have
been duly paid on goods.

Code. A general system of the law, embodied and authorised by legis-
lative enactment. Code dvil or Code Napol6on: a code of the law of
persons and property, established in France under Napoleon I.

Codex, {. A code; a volume, roll, or book.

CodidL An addition to a will, executed at a later time; see 11 Pick,
S7S,

Coercion. Constraint; compulsion.

Cogitatlonis poenam nemo patitur, I. No man suffers punishment for
his thoughts.

Cognati, {. Cognates; relations on the mother's side; see 8 BL Com.
tS6.

Cognation. The kindred between two persons united by ties of blood or
family.

CognitiOy {. The acknowledgment of a fine; cognizance; jurisdiction.

Cognizance, cognisance, conusance. Acknowledgment; recognition;
jurisdiction; eee 6 Cueh, 400. 1. Conusance of pleas: an exclusive
right to try causes; a privilege of trial granted certain cities and cor-
porations which may be pleaded by " claim of conusance," to oust
the jurisdiction of another court. 2. The acknowledgment of a Fine,
q. V. 3. A pleading in replevin ju8tif3ring the taking as servant or
bailiff of some third party; see Avowry.

Cognizor, conusor. A person levying a fine. Cognizee, conusee: the
person to whom the fine was levied.

Cognomen. A family name.

Cognoscere, I. To acknowledge. Cognovit actionem (he has acknowl-
edged the action), or cognovit: a written confession of the justice of

8

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114 CJOHABIT—COMBUSTIO DOMORUM

an action at law, signed by the defendant or his attorney after the
declaration, authorizing the plaintiff to enter judgment for a sum
named; see S BL Com, SO4, S97, If after plea, it contained an agree-
ment to withdraw the plea, and was called a cognovit actionem re-
licta veriflcatione (the plea being abandoned), or a relicta.

Cohabit. Living together in the same house under claim of marriage;
see 169 Mass, 61; 82 Va, 116.

Coif. The badge of a sergeant at law; a lawn cap formerly worn.

Collateral. On the side; by the side. Relationship by blood not lineal.
Collateral ancestors: sometimes improperly applied to aunts, uncles,
etc.; see S Barb. Ch, 4^6, Collateral limitation: a limitation which
makes the duration of the estate depend, not alone on the life or blood
of the grantee, but on some other event. Collateral wanan^: war-
ranty made by a person not having the title, and who could not at any
time have held it.

Collatio bonorum, {. A bringing together of goods into a common fund;
bringmg into Hotchpot, q, v,; see aiso 2 Bl, Com, 617,

Collation to a benefice. The conferring a benefice by a bishop who has
himself the advowson.

Collega. One invested with joint authority; an aasociate.

Collegialiteri {. In a corporate capacity.

Colligendum bona defoncti, I, See Ad.

Collocation. An arranging of the creditors of an estate in the order m
which they are to be paid.

Colloquium, I, A conversation. That part of the declaration in slander
which averred that the words were spoken concerning the plaintiff.
When the words were not in themselves actionable, it was preceded
by the explanatory inducement, a traversable statement of certain
facts, and foUowed by the innuendo (meaning) which connected the
words with these facts, and showed them to be defamatory to the
plaintiff.

Collusion. An agreement between persons to obtain an object fori>id-
den by law, or to obtain a lawful object by illegal means; see 45
Barb, 869,

Color, Lf colour. Apparent or prima fade ri^^t. To give colour: to
confess sufficiently the truth of the declaration for the purposes of a
plea in confession and avoidance; not to deny. To give express
colour: to allege in the plea some fictitious fact which enables the de-
fendant to set up his defence by confessioh and avoidance. It gives
the plaintiff an apparent right, and so does away with the necessity of
pleading by traverse. Colour of office : the false pretence of authority
or official duty. Colore officii: under color of office.

Combat To contend against; to oppose by force, argument, etc.; to
fight; see Battel.

Combe. A narrow valley.

Comtmatio domorom, I, Burning of houses; arson; see 4 Bl, Com, S74.

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OOME-CX)MMISSION 115

Come, comme, /r. As; so; whereas. Come semble: as it appears.

Comeiiy /r. Common.

ComeSy I, A companion; a follower; a comit; an earl.

Comfort Whatever is necessary to give security from want, and fur-
nish reasonable physical, mental, and spiritual enjoyment.

Comitas, L Courtesy; comity. Comitas inter gentes: the Comi^of
nations: the courtesy by which one state recognizes or follows the
law of another.

Comitatus, /. A county; a shire; an earldom; the county court; a suite
or body of attendants; see Posse.

Comites. Persons attached to a public minister.

Commandite, /r. Special or limited partnership.

Commendam, in, {. 1. Partners en commandif^. 2. A living or benefice
commended to a derk to hold until a pastor is provided; a living which
a bishop is tdlowed to hold for life, besides his bishopric.

Commendatio, L PraLse; recommendation.

Commendatus. One who by voluntary homage puts himself under the
protection of a superior lord.

Commerce Court. See Court, 117.

Commerda belli, l. Contracts made between citizens of hostile na-
tions in time of war; see 1 Kentf IO4,

Commerdum, {. Commerce; traffic. Commerda belli: compacts
of war; truces; contracts between hostile nations or thdr
subjects.

Commissary. An officer andently exercising a bishop's jurisdiction in
out-places, where there were no archdeacons.

Commission. A warrant; an authority; a writ. 1. Commission of
assize: eee Assizb. 2. Commission of bankrupt was granted by the
Lord Chancellor to examine into the affairs of bankrupts, and given to
some five persons, who were called commissioners, and had authority
to proceed generally according to the statutes. Later, these commis-
sioners constituted a permanent court of one judge and six commis-
sioners. 3. Commlsdon to examine witnesses: issues for the purpose
of taking testimony out of court. 4. Commission of lunacy was
issued out of chancery, authorizing certain persons to inquire whether
a person represented non compos was so in fact. It is now directed to
the masters in limacy, and is usually made before a jury. If found
affirmatively, the lunatic's person or estate was conunitted to the
charge of a person or persons called his committee. 5. Commission
of gaol delivery: see Assize. 6. Commission of nisi prius: see
Assize. 7. Commission of the peace: see Assize; Justice of the
PEACE. 8. Commission of rebellion. One of the processes for con-
tempt in chancery; it was directed to four comixussioners, and au-
thorized them to attach the party as a rebel and contemner of laws
and bring him to court on a day assigned. 9. Commission of review:
see Court, 88.

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116 COMMISSIONERS-COMMON ASSURANCES

Commissioners of bankrupt See Commibsion, 2.
Conmiitment. The sending a person to prison for crime or contempt;
the warrant therefor; the mittimus, q, v. ; see Bch. El. L. Beo, ed.»

Committee. See Commibsign, 4.

Committitur, Z. (He is committed.) A minute of a defendant's sur-
render by bail, and commitment.

Commiztio, Z. Mixing together of things solid or diy, belonging to
different persons; see Confusio.

Commodato, span, A contract to lend gratuitously unoonsumable
goods, to be restored in kind at a future time.

Commodatum, L A thing loaned; a gratuitous loan of a specific chattel.

Commodum, L Advantage; profit. Commodum ejus esse debet
cujus periculum est: he who runs the risk ought to have the profit.
Commodum ex injuria sua nemo habere debet: no one ought to
profit by his own tort.

Common. A profit which one man has in the land of another, a 'profit
d prendre^ usually conmion of pasture; «ee Rob, EL L, Rev, ed., S ^^«
1. Common appendant: an inmiemorial right of tenants in a manor
to feed commonable cattle on other lands of the same manor. 2. Com-
mon appurtenant: a right of feeding cattle on the land of another,
enjoyed by the holder of certain land. It is created by grant, and
may extend to cattle not commonable. 3. Common because of
vicinage (pur cause de vicinage, /r.) : where inhabitants of two ad-
joining townships have mutually permitted their cattle to feed in
either. 4. Common in gross or at large: common vested in a person
or corporation, not annexed to land. 5, Common sans nombre:
common without stint; a right to common an indefinite [not unlimited]
number of cattle. 6. Common of estovers: a liberty of taking wood
necessaiy for use, or repairs. 7. Common of piscary: liberty of fish-
ing. 8. Common of turbary: Uberty of digging turf. 9. Common in
the soil: liberty of mining or quarrying. 10. Common de Schack:
a kind of Common pur cause de vicinage existing by special custom in
the east of England, after harvest, among occupiers of land in the
same common field.

Common assurances, ^ee Assurance. Common bail: see Bail.
Common bar: Blank bar, q. v. Common Bench: the Bench, as dis-
tinguished from the King's Bench; the Court of Conmion Pleas; see
CouBT, 10. Common carrier: a carrier who carries indifferently for
all the world; one who undertakes to carry persons or goods without
special contract; see 1 Pick. 60; S4 Conn, 479; 10 N, H, 486; Carrieb.
Common counts: certain general forms of declaration in actions to
recover money due when a debt has been incurred. They are usually
added to the special counts, to prevent the possibility of a variance,
and cover the ordinary cases of contracts which result in an implied
promise to pay money; see Perry C, L, PI, 88, 316, Common day:

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(X)MMON— CX>MMUNIS 117

tee Dat. Common fine: like cert money, q, v. Common fonn: proof
of a wiU by the executor on his own oath; as opposed to proof per
testes (by witnesses) when the will was disputed. Common intend-
ment: natural sense; a simple, not strained, construction. Common
jury; see Jubt. Common law: 1. English law, as distinguished from
foreign, civil, or canon law. 2. That part of English law which does
not depend on statutes. 3. Law administered in the conmion-law
coiuts, not equity or admiralty. 4. General customs, as distinguished
from special or local; see 1 KerUf J^2, 5. In the United States, that
law of England, whether written or unwritten, which existed at
the time of the American Revolution, so far as it is applicable to
conditions in the United States; <ee Rob. EL L. Rev, ed., id.
Common nuisance: one affecting, or which may affect, the public or
people generally, not a particular person or persons. Common place:
common pleas. Common pleas: civil cases; eee Coubt, 10; Plea.
Common recovery; eee Recovery. Common scold: a woman of this
kind was considered a nuisance at common law, and was punished
by the castigatory or cucking-stool, a species of chair on the end of
a pole. She was placed thereon, and immersed in a pond of water.
The crime is now punished by fine or imprisonment; eee 12 S, & R,
220, Common traverse; eee Travebsb. Common voochee; eee Re-
covery.

Common^ tenancy in. When there are two or more owners for the same
land, holding in distinct undivided shares. Only " unity of posses-
sion " is necessary; hence, they hold under different titles; or under
the same title accruing at different times; or under the same instru-
ment by words importing that the grantees are to take in distinct
shares. There is no right of survivorship, and estates in common are
subject to both dower and courtesy; eee Coparcenary; Joint Ten-
ancy.

Commonable. Beasts of the plough; or beasts which manure the land.

Commonalty. See Commons, 2; 1 Bl, Com, iOS,

Commons. 1. Land set apart for the public; or over which people
have rights of common of pasture. 2. The freeholders of Enghmd
not peers of the realm.

Commorant, I, Dwelling; temporarily abiding.

CommorienteS) I. Persons dying at Uie same place and time, as in an
accident.

Communicare, I, To common.

Communi dividendo. An action to procure a division of property held
in common.

Communings. The negotiations to contract.

Communis, commune, I. Common. Commune consilium regni: the
oonmion council of the realm [Parliament]. Commune pladtom: a
common plea; a civil action. Commune vinculum: a mutual bond.
Commnnis; conmion thin0B; common. Commnnis piacaxia, tur-

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118 COMMUNIO BONORUM— OOMPURGATORES

bariAt pasturae: common of piscary, turbaiy, pasture, 9. v, Com-
munia pladta: common pleaa; as opposed to pladta coronae, criminal
actions or pleas of the crown. Communis error fadt jus: common
error makes law. Communis rixatriz: a conmion scold. Communis
strata: a common way. Communibus annis: in common years;
on an average of years. Communem legem: see Ad.

Communio bonorum, I. Community of goods.

Communitas regni AngliS) L Parliament.

Communiter usitata et approbata, I, Things conunonly used and
approved.

Commutation. Substitution of one thing for another. In punishmenti
the substitution of a less severe one; see 1 Nev. SSI; 22 Gratt. 789,

Commutation of tithes. Their conversion into a money pajrment.

Comparatio literarum^ {. Comparison of handwritings.

Comparative negligence. A doctrine obtaining in Georgia, Illinois, and
under Federal statutes, whereby a recovery may be had notwith-
standing the contributory negligence of the plaintiff, if it was slight
and the defendant's was gross; see 116 III. S68,

Comparere, Z. To i^pear. Comperuit ad diem: he appeared at the
day; a plea to the action on a bail-bond.

Compensaclon, span. Extinction of a debt by another debt of equal
rank.

Compensatio criminis, {. (Set-off of crime.) A plea of recrimination in
a suit for divorce.

Compensation. A consideration; recompense.

Compester, {. To manure.

Competent Legally able, fit, or qualified.

Competere, {. To be proper; available. Competit assisa: an assise lies.

Complaint A formal charge, preferred before a magistrate or other
competent tribunal, that a certain person therein named has com-
mitted an offense; see 11 Pick. 4S6.

Componere lites, I. To settle; compromise suits.

Compos mentis^ I. Sound in mind.

Composition. An agreement; compromise. Real composition: an
agreement made between the parson and land-owner, with consent of
the ordinary and patron, that certain lands shall be discharged of
tithes, for some real recompense given in lieu thereof.

Compottts, computus, {. An accoimt. De computo: the old action of
account, q. v.

Compound larceny. See Larceny.

Compromise. An agreement wherein there is a yielding of some right
or claimed right by the opposing parties to a controversy; see 56 VLS87.

Compte an^te, fr. A written statement of an accoimt acknowledged
to be correct on its face by the party against whom it is stated; see
9 La. Ann. 486.

Compnigatores, {. The eleven persons who swore with the defendant,

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CONCEAL^-CONDITION 119

in a trial by wager of law, that he was not guilty, or did not owe the
plaintiff anything; the twelve persons who swore with the defendant
that he was not guilty, in the trial of a clerk for felony; see Waosr
OP Law; Benefit op Clergy.

CoQceaL To withhold information; to hide or secrete a physical ob-
ject from sight or observation; see 67 Me, S39.

CcNDcedere, I To grant. Concedo: I grant. Concessi: I granted.

Concessto, I, A grant by deed; one of the common assurances.

Concessor. A grantor.

Concilium. A council.

Conciliimi Regis. An English tribunal temp. Edw. I. and II. composed
of sages of the law; see Coke LiU. SO4,

Conclude. To end; to determine; to estop. Conclusion to the country:
the tender of issue to be tried by jury, at the end of a plea of traverse.

Concord, concordia, L An agreement; an accord; eee Fine.

Concubine. A mistress; a woman who cohabits with a man without
marriage.

Conculcavit et consumpsit, L He trampled and destroyed.

Concur. To claim part of the estate of an insolvent, along with other
claimants.

Concurrent. Running together; of equal rank and authority.

Concussion. Causing one to give up something of value by threats of
violence but without use of force.

Condere, {. To make; to establish. Condidit (he made) : a plea on a suit
attaddng a will, that the testator made it and was of sound mind.

Condictio. A summons; an action.

Conditio, I. A condition. Afllnnative condition: which requires some-
thing to happen, or be done, like positive condition; negative or re-
ttrictive, one which requires something not to be done. Condition
ca8uelle,/r.; one which depends on chance, as opposed to potestative
which depends on the will of the party; or mizte, which depends on
the will of the party and some third person, or some other event, con-
joined. Copulative condition: one requiring all of several things to
happen or be done, as opposed to disjunctive, one requiring only one
of several things. Condition compulsory or single: one absolutely
requiring some special thing to be done. Condition expressed, in
deed, in fact: one made by special words, particularly expressed, as
opposed to condition in law, or implied by common intendment.
Condition inherent: one previously existing, not now created; as to
pay the rent anciently reserved by the chief lord on a modem grant
of land. Condition insensible, repugnant: one contradictory to the
main act, or inconsistent wiUi the object; impossible. Condition
precedent or suspensive: one which is to happen before the main act
or obligation, as distinguished from subsequent or resdlutoiy.

Condition. A restriction placed upon the use of a thing; see ISS Maaa,
13; Bob. EL L. Aev. ed.| { 90; Conditional LmxTAXXOMf

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120 CONDITIONAL FEE— CONFIRMARE

Conditioiial fee. One limited to descend to a particular class of heirs;
changed by the Statute de Donis into fee-tail; see $ BL Cam. 110;
Fee.

Conditional limitation. The limitation of an estate by deed under the
Statute of Uses to a third person on the happening of a certain event,
thereby cutting short the previous estate in the grantee. Distin-
guished from an estate on condition, or base fee, where the grantor or
his heirs could alone take advantage of the breach of condition, and
the estate reverted to them; and also from a limitation, where the es-
tate was only expressed to be granted until the happening of a cer-
tain event, and hence was not cut short, but reverted to the grantors
as upon a natural determination; see Limitation.

Conditional sale. One in which the transfer of title is dependant on the
performance of a condition.

Conditionem testium tone inspicere debemus cum signarent, non
mortis tempore: we ought to consider the competency of the witnesses
as at the time when they subscribed, not at the [testator's] death.

Condonadon, span. The remission of a debt.

Condonatio, I. Condonation; forgiveness. In cases of divorce, the for-
giveness, either express or implied from actions, of a breach of marital
duty, on condition that the fault shall not be repeated.

Conduct-money. Money paid a witness for his travelling expenses
and maintenance.

Condttctio, L A hiring; see Locatio.

Cone and key. (Accounts and keys.) A woman was deemed fit to re-
ceive cone and key — that is, to assume the cares of housekeeping —
at fourteen or fifteen, by the Saxon law.

Conen, conu, /r. Acknowledged; known.

Confeccion, /r., Confect|p, {. The making or execution of a written in-
strument or deed. ,

Confederation. An agreement; a covenant.

Confessio in judicio omni piobatione major est, I, A confesnon made
in court is greater than all proof.

Confession. Acknowledgment; in criminal law a voluntary admission
of guilt; see 20 Qa, 60; 9$ Ky, 282; Rob, El. L. Rev. erf., S SSO; Ad-

MISSION.

Confession and avoidance. Pleas are so termed which impliedly ad-
mit the facts alleged in the declaration, but aver more facts which
obviate their legal effect; the ordinary special plea; see Perry C. L. PL
178-181; Rob. EL L. Rev. cd., § S04; Plea.

Confesso, pro, {. See Pro.

Confidential communications. Those statements which by reason tk
the relations between the parties are privileged from disclosure in a
legal inquiry; see Rob. EL L. Rev. ed., § 329.

Confirmare nemo potest prius quam jus ei accident, L No one can
oonfinn [rdoMe] a right before it has fallen to him; eee Confqocation.

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GONFIRMATIO PERFICIENS— CONSANGUINEUS 121

Confinnat usum qui toUit abusum: he vindicatee the use of a thing
who forbids its abuse.

Conflrmatio peiflcieiia, L A confirmation which makes good a de-
feasible estate, or makes a conditional estate absolute. Conflrmatio
crescena: one which enlarges a rightful estate. Conflrmatio diminu-
ens: one which releases part of the services wherry the estate is held.
Conflrmatio est nulla ubi donum precedens est inyalidum: a con-
firmation is void where the grant preceding it is void. Conflrmatio
omnes supplet defectos, licet id quod actum est ab initio non valuit:
a confirmation supplies all defects, although the deed was faulty at
the beginning.

Conflrmatio chartarum, L The Stat. 25 Ed. I., confirming Magna
Chabta and the Casta de Fobbbta, 9. v.

Confirmation. A deed of confirmation may be either by way of ratifi-
cation, or perfecting grant, of a previous estate; an act or statement
by which a void or voidable undertaking is made valid; ue Rob, El,
L, Rev. ed., S ISO,

Confiscare. To confiscate.

Coofltens reus. An accused person who admits his guilt.

Conflict of laws. An opposition in the laws of jurisdictions which are
liable to affect the rights of parties.

Conformi^. See Bill, I. 2.

Confusio, L The mixing of goods (properly liquid) belonging to differ-
ent persons; see 2 Bl, Com. 404; Commixtio.

Confusion of rights. A union of debtor and creditor in the same person.

Cong^, fr. A passport or clearance.

Cong6 d'accorder,/r. Leave to accord; see Finb. Cong6 d^emparier:
leave to imparl; see Impablancb. Cong6 d^eslire: the King's license
to a dean and chapter to choose a bishop.

Congeable, /r. Lawful; licensed; done with leave.

Conjectio caosA. A statement of the case.

Conjecture. A sUght credence falling short of belief.

Conjugal rights. Personal rights arising out of the relation of husband
and wife.

Conjnnctim, I. Jointly; — et divisim, and severally.

Conjuration. An agreement by a number of persons upon oath to do
some public harm.

Connivance. Wilful neglect to oppose or prevent; see I4B Mass, S63,

Connubium. A lawful marriage.

ConodmientOy span, A bill of lading.

Conqueres, fr. To gain; to acquire. Conquereur: the oonqueror, or
first purchaser of an estate.

Conquestns, conquisitio, I, Conquest; acquisition.

Consanguineus, I, Related by blood. De consanguineo: a writ of
oosinage, q, v, Frater consanguineos: a half-brother on the father's
aide.

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122 CONSANGUINITY— CX)NSILIUM

Consangumity. Relationship by blood, as opposed to AFFiNiTTy g. v,;
tee 1 BL dm. 434; B id, 202.

Conscieiicey courts of. See Coubt, 63.

Consdentia rei alieni, I. (Scotch law.) Knowledge that property held
by one belongs to another. If the possessor knows this, he is liable
for Violent Profits, g. v., being in mala fide,

Conscionabie. In accord with strict honesty and justice.

Consensual. See Contract.

Consensus fadt jus, I, Consent makes law. Consensus, non conctH
bitus, fadt matrimonium: consent (agreement of marriage), not con-
summation, makes marriage. Consensus toUit errorem: consent
removes error [the acquiescence of a party who might take ad-
vantage of an error obviates its effect].

Consent. Concurrence of wiUs. An agreement of the mind to what is
proposed or stated by another; eee 1 Bueh^ 78,

Consent rule. A proceeding filed by the defendant in an action of eject-
ment, by which he bound himself to 'admit all the necessary fictions;
see 4 Johns. Sll.

Consentientes et agentes pari poena plectentur^ {. Those who consent
(to an act) and those who act shall be punished equally.

Consentire videtur qui tacet, I, Silence gives consent. Consentire
matrimonio non possunt infra annos nubiles: they cannot consent to
marriage under the age of twelve.

Consequential damages. Damages which arise incidentally to the
direct consequences of an act; see Sedg. EL Dam, 61 y 66,

Conservator. One who conserves or preserves a matter or thing. A
guardian; see 12 Conn, S76,

Consideratio cuiise, I, The judgment of the court.

Condderation. Compensation; a quid pro quo; see 2 Q, B, 861; 1 WiU,
Cas, CotU, 160 et seq,; 110 Mass, 389, Good condderation : one founded
on natural affection, or blood relationship, as opposed to valuable coit-
dderation: a profit or loss capable of being estimated in money;
sometimes represented as money, money's worth, and marriage.
Express conddeFation, when stated in the contract; implied, when
arising from the law; executed, when performed prior to the promise
founded upon it; executory, when to be performed after the promise
is made.

Condderatum est per curiam, I, It is adjudged by the court.

Consignee. One to whom a consignment of goods, or other property,
is made.

Consignment The goods or property sent to a condgnee. The traos-
misdon of the goods.

Consignor. One who makes a consignment.

Consiliarius. A counseUor as distinguished from an attorney or pleader;
an assistant judge.

Consilium. A day set for a hearing. A case set down for aigument.

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OONSIMIU CASU—CONSUL 123

Gcmtiiiiili casu, in, Z. See Cabu oonbhou.

Consistiiig. Made up of; limited to thingB specifically mentioned.

Consiatoiy. See Coxtbt, 80.

ConsolAto del mare. A code of sea laws in force about the Mediterrar

nean from the eleventh century.
Consolidation rule. A rule for uniting several actions brought by the

same parties on the same cause, whereby the parties are bound in all

the actions according to the verdict in one; see 3 S. <& R, i6i; 19

Wend. es.
Consols, consolidated amraitieB. The English funded debt.
Consort A companion.

Consortinmi L A union of fortunes; marriage; see Per quod.
Conspiracy. An imlawful combining together of two or more persons

to accomplish an unlawful act, or a lawful act by unlawful means;

see 4 Met, (Mass,) 12S; SO Hvn, 688; 148 U. S. 197; May Cr. L., S 186;

Rob, El, L. Rev, ed,, S ^75,
Constat, L It is clear, or evident. Constat de persona: there is no

doubt as to the person.
Constate. To evidence or establish.
Constating instruments. The documents which fix the constitution or

charter of a corporation; eee 87 N, J, Eq. SOS,
Constittttio, /. An act, ordinance or statute; a constitution; see Clab-

ENDON.

ConstittttionaL Conforming to or secured by the principles or rules of
a constitution; eee Cooley Const, Law, Sd ed., S8d-S90,

Constructio legis non fadt injuriam. The construction of the law worics
[must so be made as to work] no wrong.

Construction. Conclusions beyond the text, but within the spirit of
it; see 36 N. J, L. 209,

Constructive. Made out; deduced by construction; inferred; con-
strued, or interpreted by law; see Trust.

Construe. To explain and apply, even to vary the sense; a stronger
word than Interpret; to explain or render intdligible.

Consuetudo, fi. consuetudines, I, Custom; customs; usage; practice.
Consuetttdinibus et senritiis: see De. Consuetudo debet esse certa;
nam incerta pro nullis habentur: a custom should be certain, for un-
certain things are held as naught. Consuetudo est altera lex: custom
is another law. Consuetudo est optimus Interpres legum: custom is
the best interpreter of laws. Consuetudo ex certa causa rationabOi
Qsitata privat communem legem: an established custom with a cer-
tain reasonable cause supersedes the common law. Consuetudo loci-
manerii, est observanda: the custom of the place, the manor, is to be
observed. Consuetudo semel reprobata non potest amplius indud:
a custom once disallowed cannot again be set up.

Consul. A commercial agent appointed by a government, to represent
it in a commercial capacity in a foreign country.

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124 CONSUMMATE>-<X)NTRA

Cottsimmiate. Complete; entire.

Conte, /r. A statement; a plea. Conter: to count. Contamns, {.:
we oomit; we declare.

Contek., /r. A contest; cUsturbanoe.

Contempozanea ezpositio fortissima in lege, l. A contemporaneous
exposition is in law the strongest.

Contempt. A wilful disregard of a public authority, especially of a
court.

Contentious. Litigious. The proceedings in ecclesiastical courts upon
matters disputed are so called, as distinguished from its vohmtaiy
Jurisdiction, probate, etc., where there is no dispute.

Contestatio litisy {. Pleading; joinder of issue; see 5 B^ C(mi. £90; Litis.

Contiguous. In actual dose contact; touching; near; neighboring; ses
69 N. r. 191.

Contingency. Something which may ht^pen; see $9 Barb, iS7S,

Contingency with a double aspect. A contingent remainder limited in
substitution of another contingent remainder.

Contingent Dependent on the happening of some other event, which
may or may not happen; see S9 Barb, t72; Use; Reuaindeb.

Contingent damages. See Damages.

Contingent estate. One depending for its effect upon an event which
may or may not happen, as, for example, the birth of a child.

Contingent remainder. One marked out so as to depend upon an event
or condition which may never happen or be performed, at least not
until after the determination of the preceding estate; see 152 Pa, 18;
89 Mick. 4B8.

Continual claim. A sort of attempt at entiy, made by a party disseised
as near the land as possible. It worked as an actual entry to keep
alive his right if made once eveiy year and day.

Continuance. Adjournment, or postponement, of an action. It was
fonnerly entered on the record; and, if made before declaration, waa
by dies datus, a day given to proceed; if after declaration, by impar-
lanccy leave to talk with the plaintiff, to plead; if after issue, by
vicecomes non misit breve, the sheriff hath not sent the writ; and
after verdict, by curia advisari.vult, the court wishes to consult,
where the point of law was novel or difficult.

Continuando, {. By continuing ; an allegation in declaration for trespaas,
whereby the plaintiff recovered damages for a succession of like or
repeated trespasses, without bringing more than one cause of action;
see Rob. El, L, Rev, ed,, § 309,

Contra, {. Against; contrary to. Contra bonos mores: against good
morals. Contra formam doni: against the form of the grant; eee Fob-
MSDON. Contra formam coUationis (against the form of the gift) : an
old writ which lay for the grantor of lands to be held by divine service,
when they were wrongfully alienated. Contra fonnam f eoffament,
(against ^e form of the feoffment) : an old writ which lay for a tenant

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CONTRABAND— CONTRAPOSITIO 125

distrained for more services than by the charter of his ancestor was
feoffment, required to perform. Contra formam statuti in hoc casu
nuper edict' et provis*^: against the form of the statute in such case
lately made and provided. Contra jus belli: against the law of war.
Contra jus commune: against conmion right. Contra negantem
prindpia non est disputandum: you cannot argue with one who denies
principles. Contra non valentem agere nulla currit prsescriptio: no
prescription runs against one imable to act. Contra omnes gentes:
against all the world. Contra pacem domini regis: against the peace
of our lord the King. Contra proferentem: against the one putting it
forth.

Contraband. Contrary to a ban or edict; see 1 KerUf 138.

Contracausator. One prosecuted for a crime.

Contractus, 2., Contrat, fr. Contract. Aleatory contrmct: one the per-
formance of which on either or both sides depends on an uncertain
event. Bilateral contract: one consisting of two promises, one made
on each side, mutual consideration for each other; in contradistinc-
tion from a unilateral contract, where one party only makes a promise;
see Har. Cont, § IZS, Consensual contract: one complete by the
mere agreement of the parties, as distinguished from a real con-
tract, where some object is delivered by way of sale, pledge, or bail-
ment. Executed contract: one which is completed at the time it is
made, like a sale for cash, as distinct from executory contract, one
where some further act remains to be done. The former conveys a
chose in possession, g. v. ; the latter creates a chose in action, q, v. Pig-
norative contract : one pertaining to a pledge or pawn. Quasi-contracts :
those implied in law. They are to be distinguished from pure contracts
in that they arise without the intention of the defendant, and even
in spite of his actual dissent; see Har, Cont, § £0; t09\ U. S. 286;
2 WaU, 460. Oral, parol, or more properly simple contract: one
created by words or writing not under seal, as distinguished from
special contract, covenant, or specialty: a contract under seal, which
implies a consideration. Contract of beneficence: one by which
only one of the parties is benefited, as a loan, deposit, or mandate.
Contracts of record : those evidenced by matter of record, as judgments
or recognizances. Contractus ex turpi causa, vel contra bonos mores,
nullus est: a contract founded on a base consideration, or against
good morals, is void. Contractus legem ex conventione accipiunt:
contracts take their law from the agreement of the parties. Con-
tractus est quasi actus contra actum: a contract is, as it were, act
against act.

Contraescritura, span, A coimter-letter.

Contramandatio pladti, I, (Countermand of a plea.) The respiting a
defendant, giving him a longer time to answer.

Contrapladtum, I, Counter-plea, q. v,

Contn^odtio, {. A plea or answer.

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126 OONTRAROTALATOR-CX)NVEY

Contrarotalator, {. Controller; an auditor; a keeper of aocounta.

Contre, center, fr. Against.

Contrectatio rei alienae, animo forandi, est furtum, I. The touching
another's property with intent to steal is theft.

Contribution. 1. A suit in equity, brought by one who has discharged
a debt or liability, to compel those jointly liable to pay their share;
see S Dei, Ch, 260, 2. Ratable division of losses or liabilities; see
19 Vi, 69,

Contributione fadenda. See Db.

Contributory. A present or past member of a company now bdng wound
up, who may be compelled to contribute to the assets for the purpose
of paying creditors:

Controver. One who makes up false news.

Contnmace capiendo. See Db.

Contumacy. Contempt of court; persistent disobedience.

Contumaz. An outlaw; one who refuses to appear and answer to a
criminal charge.

Contusion. An injury or lesion, arising from a shock of a body with a
large surface, which presents no loss of substance and no apparent
wound; eee E%DeU Med, Juris, SS,

Conusance, conusor, conusee, etc. See Cognizance, etc. Conusance,
fr,: acknowledgment. Conusant: knowing. Conus: known. Cog-
nustre: to acknowlege. Conusor: the party entering into a recog-
nizance for debt. Conusee: the party to whom it is given.

Convalescere, {. To gain strength; to become valid.

Convenable, fr. Suitable; agreeable; fitting.

Convenire, {. To sue; to prosecute; to covenant. Convenit: it is (or
was) agreed. Conventio: an agreement; a covenant.

Conventio vindt legem, I. [Express] agreement prevails over law.
Conventio privatorum non potest publico juri derogare: the agree-
ment of private persons cannot injure the public right.

Conventional. Agreed upon; opposed to that which is created by operar
tion of law.

Conversantes, I, Conversant; acquainted; conmiorant.

Conversation. See Criminal gonvebsation.

Conversion. 1. Wrongful appropriation of another's property to one's
own use; see U Me. 197; Big. Torts, 8th cd., 390; Rob, El, L. Rev,
ed.j § 219, 2. In equity, that change in the nature of property by
which, for certain purposes, real estate is considered as pensonal, and
pensonal estate as real, and transmissible and descendible as such;
see 32 N, J, Eq, 181,

Convey, Conveer, fr. To transfer. Conveyance: a document effecting
a transfer of property, usually real estate, other than a will, a lease
for a short term, or an executoiy contract of sale; see 21 Barb, 661,
It is original or primary, if by it an estate or interest first is created
or arises, as in the case of feoffments, gifts, grants, leases, exchanges,

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COOLING TIME-OORAM 127

and partitioiis; derivative or secondaiy, if it presupposes, or depends
upon, some other conveyance, which it enlarges, confirms, executes,
or modifies, as in the case of releases, confirmation, siurenders, assign-
ments, and defeasances; tortiotts, if it conveys a larger estate than the
grantor holds, as in feoffments, which worked a forfeiture; innocent,
if it only conveys the estate the grantor actually has, as in the case
of bargains and sales, covenants to stand seised, and releases. By
statute all conveyances are now innocent, and even a feoffment will
have no tortious operation. Conveyancing: the law of the alienation
of real property. Conveyance by record: one evidenced by the au-
thority of a court of record; as fines and recoveries.

Cooling time. Time within which aroused passion should subside; ses
May Cr. L., § e$8.

Coopertus, I. Covered; covert.

Coparcenary. Land is held in coparcenary when there is '' unity of
title, possession, and interest." It happens when land falls to two or
more persons by descent ah intestcUo; as to two or more women, at
conmion law, or men, in gavelkind tenure; and is subject to courtesy
and dower. On alienation by one coparcener, it becomes tenancy in
common; there is no right of survivorship, and on the death of one
coparcener his heirs hold the same estate in coparcenary as before; see
Bob. El. L. Rev. ed., § 107; Common, tenanct in; Joint tenancy.

Copartner. A member ot a partnership.

Copartnership. A partnership.

Copia, I. 1. Opportunity; means of access. 2. A copy.

Copulatio verborum indicat acceptationem in eodem sensot I. The
coupling together of words shows that they are to be understood in
the same sense.

Copy. A reproduction of language, design, device, or work of art.
Certified or office copy: one attested by the officer who is intrusted
with the custody of records. Examined copy: one compared with the
original or record. Exemplified copy: one attested under the seal of
court.

Copyhold. Tenure of manor lands by copy of court roll, at the will of
the lord, according to the custom of the manor. Originally pure
villeinage, it has gradually become divested of its base services and
approached a state resembling socage, and the lord cannot evict
without cause or against custom; see 2 Bl. Com. 96, llfl; 4 id. 439.

Conun domino rege ubicunque tunc fuerit Anglie, I. Before [our] lord
the King, wherever he shall then be in England. Coram ipso rege
(before the King himself): in the K. B. Coram nobis: before us; a
name given to a writ of error on a judgment in the K. B. If on a
judgment in other courts it was coram vobis, — before you. 'Hence, the
latter term is used when the proceedings of another court are to be
reviewed; the former, when the proceedings of a court are to be re-
viewed by itself; see Erbob. Coram me vel Justiciaiiia meis: before

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128 CO-RESPONDENT— CORPUS

me or my justices. Coram non judice (before one not a judge) : in a
court having no jurisdiction; see Rob, El. L. Rev, ed,, §§ iS48, 261,
Coram paribus de vicineto: before the Piis] peers of the neighborhood.
Coram sectatoribus: before the suitors.

Co-respondent The person charged with adultery with the libellee in
a suit for divorce.

Com. In its most extended sense means every sort of grain and in-
cludes peas and beans. In the United States it means Indian com;
see 63 Ala, 474.

Comage. Tenure by winding an alarm-horn; a species of grand ser-
jeanty; see 2 Bl. Com, 74,

Corodium, 2., corody. An allowance of victuals, clothing, or mon^
due from a religious house to its founder for the support of such per-
son as he should appoint; see Rob. El. L. Rev. ed.^ § 60,

Corona, I., crown. Pladta coronte: pleas of the crown; criminal actions.

Coronator, Z., coroner. A magistrate authorised to inquire concern-
ing sudden deaths, shipwrecks, and treasure-trove. He was also
conservator of the peace, in certain cases replacing the sheriff; see
20 Ga, 336.

Coxporal. Pertaining to the body of a person; bodily.

Coxporal oath. An oath taken by laying hand on the Gospels; a solenm
oath; see 1 Ind. 184-

Coxporalis injuria non recipit »stimationem de futuro, I. A personal
injury cannot receive satisfaction from a future course of proceedings.

Corporation. An artificial legal person, persisting through the change
or succession of its members; see 122 III. 293. It has power to act
or contract, usually under a common seal, and to regulate its actions
by by-laws. It is a corporation sole if consisting of one person;
aggregate, if of more than one person at the same time; ecclesiastical,
if constituted of religious persons for spiritual purposes; lay, if consti-
tuted for secular purposes. Lay corporations are divided into: civil
corporations, existing for purposes of profit, and eleemosynary, or
charitable. The former include mtmicipal coxporations, as counties,
townships, villages, and public corporations, which exist for the public
interest or advantage, and private corporations.

Corporeal. Having a body; palpable; see Rob. El. L. Rev. ed,, § 26,

Corpse. The dead body of a human being; see 8 Pick, 370,

Corpus, I. Body; the capital of a fund. Corpus comitatus: all the
inhabitants of a coimty; the county at large. Corpus cum causa:
see Habeas corpus. Corpus delicti (the substance of the fault):
the fact that a crime has actually been committed; the subject of the
crime, or its visible effect; see May Cr. L., §§ 126 ^ 128. Corpus huma-
num non recipit sestimationem: the human body is not susceptible
of valuation. Corpus juris dvilis or canonid: the body of the civil
or Roman canon law. The former includes the Institutes, the Pan-
dects, or Digest, the Code, and the Novels of Justinian. The latter

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CX)RREGIDOR— CX)UNTER-ROLL 129

indudes Gratian's Decree, Gregory's Decretals, the Sixth Decretal,
the Clementine Constitution, and the Extravagants of John and his
successors; see 1 BL Com, 81; Civil Law; Canon Law.

Corregidory span. A magistrate having jurisdiction over civil matters
and misdemeanors.

Correi credendi, debendi, {. Joint creditors; debtors; creditors or debtors
in aolido.

Corruptive, I, Corruptly; against the law.

Corruption of blood. See Attainder.

Corsepresent A mortuary offering, generally the second-best beast of
a person to be buried, taken along with the corpse and presented to
the priest; see Mortuaby.

Corsned, sax. The morsel of execration; a piece of barley bread given
to an accused with solemn oaths and incantations. If it stuck in his
throat, he was deemed guilty.

Coshering. A prerogative of the lord, as to lie and feast himself and
his followers at his tenant's house.

Cosinage, fr. Collateral relationship. An old writ lying for an heir
against one who entered the (and of a great-great-grandfather
(tresayle) or distant collateral relation; see Aiel.

Costs. The expenses of an action, usually awarded the winner and re-
coverable from the loser. Bill of costs: an itemized statement of
the costs in a suit. Costs de incremento: costs of increase, ad-
judged by the court in addition to those found by the jury. Costs of
prosecution: includes only those incurred in prosecution, and ex-
cludes thos^ incurred in defence. Costs to abide event: when the
same party prevails as on the former trial he is awarded the costs of
first trial.

Cota, cotagium, I. A cot; cottage. Cotarius: a cottager.

Gotland. Land held by a cottager in socage or villeinage.

Cottage. A dwelling-house, with a garden.

Couchantet levant, /r. Lying down and rising up; «ee Levant. Coocher
de soel: sunset.

Count A distinct statement of the cause of action in a declaration, or
of the charge in an indictment. In real actions, the declaration. Com-
mon counts: distinct statements of a cause of action so varied as to
correspond with requirements of proof.

Counter, /r., count To declare; to plead orally. Countamus: we
declare.

Counterclaim. A broad term embracing both Set-off and Recoup-
ment (q, v.)f but broader than either; see Rob. El, L. Rev, ed., § B9B.

Counterplea. A plea answering some matter incidental to the
main object of the suit; as in answer to Aii>-praybr, Oter,
or Voucher, q, v,

Connter-xoll. A roll or account kept by one officer as a check upon
another.

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130 CX)UNTEZ-COURT, l-«

Coimtez, ft, (Count ye.) A direction giveii by the clerk of the court
to the crier to count the jury.

Countour, Jr., countor. An advocate or sergeant at law.

Countre, /r. Against.

Country. The inhabitants of a district from which a jury is to be sum-
moned. To put one's self on the country is to claim jury trial. Coun-
try cause: a cause out of London and Middlesex.

County corporate. A city or town with land annexed, privileged to be
a county by itself. County court: Bee Court, 29, 41. County Pala-
tine: a county where the owner had royal privileges, as of pardoning
offences or issuing writs; there were formerly three such coimties, —
Chester, Durham, and Lancaster.

Coupable, /r. Guilty.

Cour de Cassation, /r. The supreme judicial tribunal of France; a
court of final resort established in 1790.

Courir,/r. To run. Courge, court: he runs; it runs.

Court A place wherein justice is judicially administered; see S Bl.
Com, 23, British and American Courts are as follows:
I. English Courts.^

A. The superior common-law courts were anciently as follows: —
1. Witenagemote. This coiut or assembly existed in Anglo-Saxon
times, and was an " assembly of the wise men " of the nation, who
met to make laws for the nation at large and to provide for the
general welfare and protection. Incidentally, they adjudged upon
disputes of the King's thegns and great men, cleric and lay. Its
functions were legislative and judicial, chiefly the former. It was
succeeded in the Anglo-Norman period by a similar body called
both (2.) the King's Court and (3.) the Great Council, which must
not be confoimded with the King's Court proper {see Court, 6),
and was the original of Parliament. 4. The Thenning-mannagemot,
or Thegnmen's Court, in Saxon times was an aristocratic court of
original jurisdiction, open only to the King's Ihegna or tenants in
capite; and under Edward the Confessor was called the Aula regis.
Curia regis, or regia, delegates from which constituted the Court
of Itinerant Justices; see Holdsworth^s Hist, vol, /, SS. 5. The
King's Court and the Exchequer (see Court, 11) were the two royal
courts of the Norman period. The King's Court consisted of a body
of great men attendant on the King, and was, in a sense, the suc-
cessor of the Atda reffis, but with much wider jurisdiction. By the
use of writs it usurped the jurisdiction of the popular courts; and,
differing in this respect also from the Aula regis, had appellate juris-
diction from them. In the twelfth century, a smaller King's Court
was created, five persons being appointed to hear complaints; and
in 1179, its justiciars were appointed to act both on circuit and in

* For a detailed defloription of EogUah ooorta leo Hddfworth's *' HiBtory of English
Law," yol. I.

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CX)URT, 6-11 131

the presence of the King as the Bench. The earlier and larger
King's Court, now called (6.) the King's Coundl, followed the King's
person and had appellate jurisdiction over the smaller King's Court.
The former was the origin of the Privy Council {see Coubt, 14) ; the
latter, of the King's Bench (see Cottbt, 8).

In modem times, up to the passing of the Judicature Aer, q. v.,
the three (7.) Superior courts of common law, which, with the Court
of Chancery (see Court, 15), formed the four Superior courts of
the kingdom, were the King's Bench; the Common Pleas; and the
Exchequer. 8. The King's Bench or Queen's Bench, {. Bancus
regis, in theory followed the King's person (coram ipso rege), but in
fact sat at Westminster. It was the highest court of common law in
England; had four puisne justices and a chief justice, who was the
Chief Justice of England; took cognizance of criminal cases on the
crown side or crown office, and of dvil cases on the plea side. For-
merly, its civil jurisdiction was confined to trespasses vi et armis, on
the theory that they were offences against the King's peace; but by
the fictions of the Bill of Middlesex and Latitat (see Bill, I. 8), it
usurped jurisdiction over all personal actions. (See also Court, 5.)
9. The Practice or Bail Court was a court auxiliary to the King's
Bench, presided over by each puisne judge in rotation. 10. The
Common Pleas or Common Bench, I. Communis Bancus, Communia
Pladta, is also derived from the old King's Court, by a clause in Magna
Charta fixing the hearing of common pleas (civil cases, pleas between
subject and subject) at Westminsterr It had the exclusive jurisdiction
of real actions, and universal jurisdiction, for a long time also exclu-
sive, of personal actions between subject and subject. There were four
puisne justices and a chief justice. Appeals were anciently taken to the
K. B.; but in the present centuiy only to the judges of the K. B. and
the barons of the Exchequer in the Exchequer Chamber (see Court,
12), and thence Jx) the House of Lords (see Court, 13). 11. The
Exchequer was originally the royal treasury; and its functions were to
keep the royal accounts, to collect the royal revenues and debts, and
escheats. Common pleas were anciently held there as matter of favor,
the court affording peculiar advantages by its records, which include
the Domesday book, and its permanent location at Westminster. The
holding of common pleas was, however, forbidden by the Articula super
Chartas in 1290; and the Exchequer became a purely fiscal court, until
it regained its jurisdiction by use of the fiction that the plaintiff was
a debtor to the King. In modem times, there were two divisions of
this court; the receipt, which managed the revenue and such matters,
and the court or plea side, which had jurisdiction of all personal actions
between subject and subject. The court had both an equity and a
common-law side until 1842, when the equity jurisdiction was trans-
ferred to Chancery. The Exchequer was the lowest of the three
superior courts, and had four puisne baions and one chief baxon.

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132 CX)URT, 12-19

12. The Exchequer Chamber was an intennediate court of appeal
between the three superior courts of common law and the House of
Lords. When sitting on an appeal from any one court, it was com-
posed of the judges of the other two courts. This court was origi-
nally two different Courts, one of which heard appeals from the
Court of Exchequer, and the other heard appeals from the Court
of King's Bench. These two Courts were amalgamated in 1830;
see Holdworth'8 Hist, vol. /, 107, 13. The House of Lords
was the supreme court of judicatiure in England, having appellate
jurisdiction over the conunon-law courts, and probably also over the
Coiut of Chancery; and it has now appellate jurisdiction over the
Court of Appeal {see Court, 26) . Its original jurisdiction is now obso-
lete, except as a court of impeachment. It is presided over by the
Lord High Chancellor, and only such peers as have performed judi-
cial junctions take part. 14. The Judicial Committee of the Privy
Council had jurisdiction in certain colonial causes, and appellate juris-
diction from the courts of admiralty and the commissioners in lunacy.
(See also Court, 26, 83, 87, 89.)

B. The Superior Courts of Equity were as follows: — 16. The Court
of Chancery, I. Cancellaria, was the court of the Lord High Chancellor,
who in theory exercises such judicial powers as reside in the Crown
(see Court, 19). Originally, such powers were invoked as a favor of the
King, but were long since crystallized into the system of Equity. The
Court of Chancery was the highest court of equity, and reckoned one
of the four modem superior courts. Its ordinary jurisdiction, long
since practically obsolete, consisted chiefly in the issuing of royal
writs, writs under the great seal, original; which were all framed in
Chancery as the (officina justitis) mint of just'ce. The extraordinary
jurisdiction was what is now known as Equity. Besides this, the
Court of Chancery and the Chancellor had certain statutory powers.
In modem times, there have been six superior courts of equity, over
which the Court of Chancery proper, just mentioned, had appellate
jurisdiction; the (16.) Court of the Master of the Rolls, and (17.)
three Vice-Chancellor's Courts, each presided over by a Vice-Chan-
cellor. Also, by the 14 and 15 Vict. c. 83, was established (18.) the
Court of the Lords Justices of Appeal, of whom there were two; and
who, with the Lord Chancellor, formed the (18.) Court of Appeal in
Chancery.

By the 36 & 37 Vict. c. 66, usually known as the Judicature Act, is es-
tablished one (19.) Supreme Court of Judicature. Into this the High
Court of Chancery, the King's Bench, Common Pleas and Exchequer,
the High Court of Admiralty, the Court of Probate, and the Divorce
Court, are united and consolidated. The London Court of Bankruptcy
(see Court, 48) remains an independent court, though the office of
chief judge in bankmptcy is filled by a judge of the High Court of
Justice (see Court, 20), and the decisions of the coiuii are subject to

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CX)URT, 20-26 133

review by the High Court of Appeal {see Coubt, 26). This Supreme
Court of Judicature consists of two divisions, one to be called (20.)
Her Majesty's High Court of Justice, and the other Her Majesty's
Court of Appeal {see Court, 26). The jurisdiction of the former is
chiefly original; and includes in general that previously exercised by
the Courts of Chancery, King's Bench, Conmion Pleas, Exchequer,
Admiralty, Probate, Divorce, Common Pleas at Lancaster, Pleas at
Durham, and by the Assize courts. Except, however, the appellate
jurisdiction of the Court of Appeal in Chancery {see Court, 18), or of
the same court sitting as a court of appeal in bankruptcy; the jurisdic-
tion of the Court of Appeal in Chancery of the County Palatine of
Lancaster; the jurisdiction, whether of the Lord Chancellor or Lords
Justices, over idiots, lunatics, and persons of unsound mind; the juris-
diction of the Lord Chancellor in the matters of letters patent and
commissions under the great seal, or over colleges and charities; the
jurisdiction of the Master of the Rolls over records in Ekigland. The
members of the High Court of Justice are the Chief Justice of England,
the Master of the Rolls, the Chief Justice of the Common Pleas, the
Chief Baron of the Exchequer, the Vice-Chancellors of the High Court
of Chancery, the Judge of the Court of Probate, and of. the Court for
Divorce and Matrimonial Causes, the puisne judges of the King's
Bench and Common Pleas, the junior barons of the Exchequer, and
the Judge of the High Court of Admiralty. The Lord Chief Justice of
England la President of the Court, which is divided into five divisions:
the (21.) Chancery Division; (22.) King's [Queen's] Bench Division;
(23.) Common Pleas Division; (24.) Exchequer Division; (25.) Pro-
bate, Divorce, and Admiralty Division. To each of these, as a general
rule, are assigned the judges of the corresponding old court, similarly
named, with substantially the same jurisdiction. By Order in Council,
December 16, 1880, authorized by § 32, of the Judicature Act of 1873,
there was a fusion of the Common Pleas and Exchequer Divisions in
the Queen's Bench Division, and the offices of Chief Baron of the Ex-
chequer and Chief Justice of the Common Pleas were abolished; see
Hartshorne's Cts. & Proc. 180. 26. The High Court of Appeal has a
jurisdiction chiefly appellate. It includes the appellate jurisdiction of
the Lord Chancellor, and of the Court of Appeal in Chancery, and of
the same court when sitting as a court of appeal in bankruptcy; the
jurisdiction of the Court of Appeal in Chancery of the County Pala-
tine of Lancaster, and of the Chancellor of the Duchy and County
Palatine of Lancaster when sitting alone or apart from the Lords
Justices of Appeal in Chancery, as a judge of rehearing or appeal from
decrees or orders of the Lancaster chancery courts; the jurisdiction of
the Lord Warden of the Stannaries and his assessors, of the Exchequer
Chamber, of the King or Queen in council, and the Judicial Conunittee
of the Privy Council in admiralty and lunacy; and general appellate
jurisdiction from the High Court of Justice. Appeals lie from this

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134 CX)URT, 27-34

court to the House of Lords. The judges of the Court of Appeal are
the Lord Chancellor, the Chief Justice of England, the Master of the
Rolls, the Chief Justice of the Common Pleas, the Chief Baron of
the Exchequer, who are styled the ex officio judges of the court; also
the Lords Justices of Appeal in Chancery, and an additional judge
appointed. These latter are the ordinary judges of the court, and
are styled Justices of Appeal. The Lord Chancellor Is President of
the Court.
C The inferior English common law courts which esdsted generally
throughout the kingdom, and were not of a local or special nature,
are as follows: — 27. The courts of Assize and Nisi Prius (see Assize ;
Nisi Prius), or Gaol Deliyeiy, Oyer and Terminer, succeeded the
ancient courts of the justices in eyre. These Assizes are the ordinary
courts for the trial of jury cases by a jury of the county; and are held
twice a year, formerly in the vacations after Trinity and Hilary terms,
ineveiy county except Middlesex; two judges of the Superior Court
being appointed for each circuit, under four, formerly five, commis-
sions (see Absizb), and all England being divided into six circuits,
and Wales into two. The court for London and Middlesex is within
no circuit, and is termed the (28.) London and Westminster sittings.
These courts are now part of the High Court of Justice (see Court, 20) .
29. The County courts were held by the sheriff once a month or oftener
to try small cases, not exceeding 408. in amount (though larger cases
and real actions might be brought under a juetides), and for certain
other purposes. The freeholders of the county were the judges and
members of the court; and being a popular court, not of record, it
early lost its jurisdiction, causes being removable into the Superior
Courts by writs of recordari facias loquelamy false judgment, and pone.
(For the new County Courts, see Court, 41.) 30. The Hundred
courts were similar and inferior to the County Courts (see Court, 29)
held by the steward, with the freeholders of the hundred as judges.
It is not to be confounded with the (31.) Hundred gemote of Saxon
times, which had larger civil and criminal jurisdiction. 32. TheCourt-
leet or View of frankpledge was a court of record in a particular
lordship, hundred, or manor, held once a year before the steward of the
leet. It existed by royal charter or franchise; and was a court of
small criminal jurisdiction, long since superseded by the Quarter Ses-
sions. They also took view of frankpledge and made presentment by
jury of crimes. 33. The Sheriffs Toum was a court similar to that
last mentioned, held by the sheriff twice a year in various parts of
the county, being the great court-leet of the county. 34. The Court
Baron (manorial courts) was a court, not of record, incident to every
manor. In one sense, it is a customary court, having jurisdiction over
copyhold lands, surrenders, and admittances; in another, it was a
common law court, similar in jurisdiction and nature to the himdred
courts, sometimes independent both of them and of the county

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COURT, 35-46 136

courts. 35. The Buighmotes, borough courts, or Hustings existed
by special franchise, and resembled the county courts (see Court, 29)
in nature and jurisdiction. 36. The courts of Piepoudre, /r., Pedis
pulverizati, /., Pipowders, were courts of record held by the steward,
or him that had the toll, of every fair or market. They had cogni-
zance of all cases of contract and minor offences arising during that
particular fair or market; and were courts of speedy and sunmiary
process, so called from the dusty feet of the suitors, or from the Fl'ench
words pied puldreauXf a pedlar; see Select Essays in Anglo-Amer, Legal
Hist,, Vol. 111. 9. 37. The court of the Clerk of the Market had
authority to pimish misdemeanors and try weights and measures;
they existed in every fair or market throughout the kingdom.
38. The Coroner's and (39.) Sheri£Ps courts were of record,
and are more properly termed inquests, being inquisitions into the
property of treasure-trove, on violent deaths, boundaries of lands,
damages, and other matters. 40. The Quarter Sessions, or County
Sessions: a minor criminal court, or general sessions of the peace,
held in each county four times a year before two justices of the peace,
one of whom must be of the quorum, or the recorder in boroughs.
41. The new County courts were established by the 9 & 10 Vict. c. 95;
they are over five hundred in number, and have a common-law juris-
diction up to £50; also of all consent actions, ejectments, attach-
ments, interrogatories; and an equity jurisdiction up to £500; as
well as some jurisdiction in probate, admiralty, and bankruptcy.
Appeals lie from them to the divisions of the High Court of
Justice.
D. The more important English coiuts of special or local nature or
jurisdiction are as follows: — 42. The courts of Ancient Demesne
were anciently held by a bailiff appointed by the King; in them alone
the tenants of the King's demesne could be impleaded; see Ancient
Demesne. 43. The Court of Augmentations was established by the
27 Hen. VIII. c. 27, for protecting the King's interests as to sup-
pressed monasteries, and dissolved in the reign of Mary. 44. The
Star Chamber, Camera SteUata, 2., was an ancient court, remodelled
under Henry VII. and Henry VIII. It consisted of divers lords
spiritual and temporal, being privy councillors, together with two
judges of the courts of common law; and tried, without the interven-
tion of a jury, matters of riots, perjury, misbehavior of sheriffs, and
other high misdemeanors. By usurpation of jurisdiction it became also
a court of civil matters and revenue; and, owing to great abuses, was
abolished under Charles I. 45. The Court of Wards and Liveries
was foimded under Henry VIII., to inquire into matters arising from
tenures in chivalry, as concerning the wardship, marriage, and lands
of the King's tenants in capite; and abolished by the 12 Car. II. c. 24.
46. The Court of the Lord High Steward is a court of peers, instituted
during the recess of Parliament for the trial of a peer for treason or

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136 CX)URT, 47-60

felony or misprison of either. 47. The Central Criminal Court was
established by the 4 & 5 Will. IV. c. 36, for the trial of offences com-
mitted in London, Middlesex, or Surrey; and succeeded the (48.)
Old Bailey. 49. The Court of Criminal Appeal, or Court for the Con-
Bideration of Crown Cases reserved, was established by the 11 & 12
Vict. c. 78, and was composed of the judges of the superior courts,
or such as could attend, for deciding any question of law reserved by
any judge or magistrate of any court of oyer and terminer, gaol de-
livery, or quarter sessions, before which a prisoner had been found
guilty by verdict. Its judgment is final; and its jurisdiction is now
transferred to any five judges of the High Court of Justice. 50.
Courts of Bankruptcy. There have been courts of bankruptcy in
different districts from which an appeal usually lay to the London
Court of Bankruptcy {see Court, 19), established by the 1 & 2 Will.
rV. c. 56. The county courts (see Court, 41) have now a bankruptcy
jurisdiction. 51. The 20 & 21 Vict. c. 77 established a Probate Court,
to be held in London, which court exercised the testamentary juris-
diction previously belonging to the ecclesiastical courts. It is now
consolidated into the Probate, Divorce, and Admiralty divisions of
the High Court of Justice (see Court, 25). Into the same division
was also consolidated the (52.) Court for Divorce and Matrimonial
Causes, which by the 20 & 21 Vict. c. 85 exercised the matrimonial
jurisdiction of the ecclesiastical courts, decided on the validity of
. marriages, and granted divorces a vinculo,

E. The inferior English courts of a local nature or special jurisdiction
are as follows : — 53. The Court of Lord Steward of the King's House-
hold, established by the 33 Henry VIII. c. 12, and long obsolete, had
jurisdiction of treason, blows, and homicides within the limits (two
himdred feet from the gate) of any palace or house where the King
nught reside. 54. There was also a Court of the Lord Steward,
Treasurer, or Comptroller of the King's Household established by
3 Henry VII. c. 14, to inquire of felony by a servant of the household;
also obsolete. 55. The Court of Marshalsea held plea of trespasses
or debts where a servant within the King's household was concerned.
Its jurisdiction extended to the vergef twelve miles around the royal
residence. It was derived from the old Aitla regis y and a writ of error
lay to Parliament only. It being ambulatory, Charles I. created the
(56.) Curia Palatii, L, or Palace Court, to succeed it. This court had
jurisdiction of all personal actions whatever arising within twelve
miles of the royal palace at Whitehall, not including the city of Lon-
don, and was abolished in 1849. 57. There were many Borough
Courts, and (58.) Courts of Hustings in the old English cities; and
particularly, in London, the (59.) Sheriffs' Courts, holden before their
steward or judge, from which a writ of error lay to the (60.) Court of
Hustings, before the mayor, recorder, and sheriffs; and thence to
justices appointed by the King's commission, who sat in the church

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CX)URT, 61-78 137

of St. Martins-l&Oraod; thence to the House of Lords (see Court,
35). This (61.) Court for the City of London, as it was later
called, has now become the county court for London. 62. The Lord
Mayor's Court in London has both equity and common-law jurisdic-
tion; and is presided over by the Recorder, or, in ius absence, the
Ck)mmon Sergeant. The (63.) Courts of Conscience or Requests
were tribunals, not of record, established in London and other towns,
for the recovery of small debts; they are succeeded by the county
courts, and mostly abolished. 64. The Court of Policies of Assur-
ance was established under Elizabeth, for determining summarily all
cases concerning policies of insurance on merchandise in London.
Abolished in 1863, although long before obsolete. 65. The Univer-
sities Courts were established in Oxford and Cambridge; the (66.)
Chancellor's Court had jurisdiction of personal actions and minor
offences of members of the University; the (67.) Court of the Lord
Wgji Steward had jurisdiction of treasons, felonies, and mayhems
conmiitted by members of the University. They were formerly gov-
erned by the rules of the civil law; but now their jurisdiction, paiv
ticularly in Cambridge, is in great part obsolete. 68. The courts of
the Counties Palatine. That of Chester, a court of mixed jurisdic-
tion, has been abolished. The (69.) Court of Common Pleas at Lan-
caster and (70.) of Pleas at Durham have lost their jurisdiction
under the Judicature Act of 1873; but the Chancery courts of these
counties are retained. 71. The Courts of the Principality of Wales
were private courts of extensive jurisdiction, abolished by the 11
Geo. IV. and 1 "Will. IV., when Wales was divided into two circuits
for the judges of assize. 72. The Stannary Courts administered jus-
tice among the tin-miners of Devonshire and Cornwall. They were
presided over by the Vice- Warden, with appeal to the Lord Warden,
of the Stannaries. This appellate jurisdiction is now transferred to
the High Court of Appeal; and the plaintiff may, in the first instance,
sue in the county court. In like manner, there are two (73.) Barmote
or Berghmote Courts in Derbyshire, called respectively the Great
and Small, which administer justice among the miners of the Peak.
74. The Forest Courts existed for the government of the King's
forests, to pimish injuries to the vert, venison, or covert. They com-
prised the courts of (75.) Attachments, Wood-mote, or Forty-days
Court, held by the verderors of the forest, to inquire into offences
against the vert and venison; the (76.) Court of Regard, for the
lawing of dogs; of (77.) Swanimote, a court which met three times
a year to consider agistment, pannage, and fawning. This court
has been confused with Sweinmote: an inquisition, held by the sxoeins
or freeholders in the forest, to inquire into grievances committed by
the officers of the forest, see Holdsivorth's Hist Vol. I. SJ^y and to
try presentments certified from the Court of Attachments; and of
(78.) Justice-seat, held before the Chief Justice in Eyre to determine

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138 CX)URT, 79-87

all trespasses, claims of franchise, and other causes. All these courts
were obsolete before the Restoration.

F. Ecclesiastical Courts. 79. The Ecclesiastical Courts, or Courts
Christian. In Norman times, these courts consisted of councils, or
synods, composed entirely or partly of the clergy, and had jurisdic-
tion of crimes or delicts, and even of causes concerning land. These
coimcils were national, provincial, or diocesan; the first resembled the
lay Witenagemote; the last was the origin of the ecclesiastical court of
modem times. This last had jurisdiction of matters ecclesiastical or
pecuniary (withholding of tithes, etc.), matrimonial (affecting the
relations of the sexes, legitimacy, divorce, etc.), and testamentary
(the probate of wills, legacies, etc.). The last two kinds of jurisdic-
tion were transferred to the Court of Probate and the Court for
Divorce and Matrimonial Causes (see Court, 51, 52), and are now
vested in the Supreme Court of Judicature. The law of ecclesiastical
courts was foimded in the civil and canon law; and they are not
courts of record. They are seven in number: the Archdeacon's Courts,
the Consistoiy Courts, the Court of Arches, the Court of Peculiars,
the Prerogative Courts of the two archbishops, the Court of Faculties,
and, on appeal, the Privy Council, formerly the Court of Final Ap-
peal, or Court of Delegates. There was also the Convocation, and
the Court of High Commission. 80. The Consistory or Diocesan
Court was held by each bishop, or his chancellor, in his diocese, with
appeal to the archbishop. 81. The Archdeacon's Court was a minor
court of concurrent or delegated jurisdiction in some part of the
diocese, with appeal to the bishop. Both these were termed (82.)
Ordinaxy's Courts. 83. The Court of Arches, so called because held
in the church of St. Mary-le-Bow (Sancta Maria de Arcubtia, Z.), by
the Dean of the Arches, later held in Doctors' Commons, now in
Westminster Hall, was the principal consistory court of the Arch-
bishop of Canterbury, with appeal from all other ecclesiastical courts
in his province, and extensive original jurisdiction by means of letters
of request. The Audience Court was similar, but of inferior jurisdic-
tion. An appeal formerly lay to the Pope; afterwards to the Court of
Delegates, now to the Judicial Conunittee of the Privy Council. 84.
The Court of Peculiars is a branch of the Court of Arches, and has
jurisdiction over all those parishes of the province of Canterbury
which are exempt from the ordinary's jurisdiction and subject to the
metropolitan only. An appeal lies to the Court of Arches. 85.
The Prerogative Courts were courts held in the provinces, of Yorit
and Canterbury before a judge appointed by the Archbishop, which
had jurisdiction over testamentary matters where the decedent left
bona notabUia, goods to the value of £5 in two distinct parishes.
This jurisdiction is noW transferred (see Court, 79). 86. The Court
of Faculties, a tribunal belonging to the Archbishop, grants various
licenses, creates rights to pews, monuments, burial, etc. 87. The

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COURT, 88-98 139

Court of Delegates was created under Henry VIII., and was the
great Court ol Final Appeal in ecclesiasticSl and admiralty causes;
succeeded by the Judicial Committee of the Privy Council. The de-
cree of the Court of Delegates was sometimes revised by (88.) Commis-
sioners of Review. 89. The Judicial Committee of the Privy Council
has now practically ceased to be a court of appeal, even in ecclesiasti-
cal matters; such jurisdiction being transferred to the High Court of
Appeal (see Court, 14).

G. Courts of Admiralty. 00. The High Court of Admiralty. Intheory
the court of the Lord High Admiral; presided over by his deputy, the
Judge of Admiralty, and held in Doctors' Commons. It was a court
not of record, having civil and criminal jurisdiction over maritime
affairs. The criminal jurisdiction was conferred upon the Central
Criminal Court, upon its establishment. The civil jurisdiction is two-
fold; and there are two courts, the (01.) Instance Court, for ordinary
marine contracts, and the (02.) Prize Court The Court of Admiralty
now forms part of one division of the High Court of Justice; and the
Instance Court has jurisdiction of assaults, batteries, collisions, resti-
tution of ships, piratical or illegal takings, at sea; and of contracts
between part owners of ships, seamen's wages, pilotage, bottomry
bonds, salvage, tonnage, ship provisions, and mortgages. The county
courts have also some admiralty jurisdiction.

H. Military Courts. 03. Courts-martial. The earliest was the Court
ol Chivalry, an ancient court not of record, held before the Lord High
Constable or Earl Marshal of England, touching contracts or deeds
of war and arms, both without and within the realm, coats of arms,
precedency, etc.; its jurisdiction being criminal as well as civil, but
of vague and indefinite extent. It became obsolete in the eighteenth
century. The modem Courts-martial date from the Revolution.
They are naval or military, and from their judgment there is no s^
peal. They have jurisdiction of offences against the mutiny act and
the articles of war.

II. Scotch Courts. 04. The Court ol Session is the supreme civil court
of Scotland. There are two divisions; the first presided over by the
Lord-President, the second by the Lord Justice-Clerk. Besides these
two, there are eleven Lords Ordinary, nmking thirteen judges. Be-
fore the Union, there was a (05.) Court of Ezdiequer, now merged in
the Court of Session. The judges of the Court of Session, having the
power formerly exercised by the Commissioners of Teinds (Tithes),
now sit also as the (06.) Teind Court, having jurisdiction of parish
matters, valuations and sales of teinds, etc. An appeal lies from
this court, as also from the Court of Session, to the House of
Lords. 07. The Justiciary Court is the supreme criminal court, and
Is composed of five Lords of Session, with the Lord-President or
Justice-Clerk as Premdeiit. There are three circuits of the judges of
this court; and appeal lies to the House of Lords. 08. The Sheriff's

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140 COURT, 99-104

Courts are county courts of large civil and criminal jurisdiction, and
formerly proceeded without a jury. There are also (99.) Bailie's
courts in burghs, and (100.) Justice of the Peace courts. The EQgh
Court of Admiralty and Commissary Court or Consistorial Court are
now obsolete.

III. 101. Irish Courts. Until the year 1877, when the Judicature
Act for Ireland (40 & 41 Vict., c. 57) was passed, Ireland had the fol-
lowing courts: — Queen's Bench, Exchequer, Exchequer Chamber,
Court for Crown Cases Reserved, Consolidated Chamber and Reg^
try Appeals, Court of Chancery, of Appeal in Chancery, Rolls Court,
Vice-Chancellor's Court, Landed Estates Coiut, Court of Bankruptcy
and Insolvency, of Admiralty, of Probate, and Ecclesiastical Courts.
By the Judicature Act, the Courts of Chancery, Queen's Bench, Com-
mon Pleas, Exchequer, Probate, the Court for Matrimonial Causes
and Matters, and the Landed Estates Court, were fused into a Su-
preme Court of Judicature for Ireland. There is a High Court of
Justice, with five divisions, and a Court of Appeal, as in England,
with appeal from the latter to the House of Lords; and law and equity
are concurrently administered.

IV. American Courts. 102. Courts of the United States. Th^ have
jurisdiction exclusive of the State courts in the following cases: crimes
cognizable tmder the authority of the United States; suits for penal-
ties and forfeitures incurred under United States laws; civil causes
of admiralty and maritime jurisdiction; seiziires on land or on waters
not within admiralty and maritime jurisdiction; cases arising under
patent-right or copyright laws; matters and proceedings in bank-
ruptcy; controversies of a civil nature, where a State is a party, ex-
cept between a State and its citizens, or between a State and citizens
of other States, or aliens; suits and proceedings against ambassadors
or public ministers, or their domestics or domestic servants, or against
consuls or vice-consuls. 103. The Senate sits as a court of impeach-
ment to try the President, Vice-President, and civil officers of the
United States for treason, bribery, and other high crimes and misde-
meanors upon a presentment being made by the House of Represen-
tatives. 104. The Supreme Court consists of one chief and eight as-
sociate justices; and sits at Washington. It has exclusive jurisdiction
in nearly all civil cases where a State is a party, and in suits or proceed-
ings against an ambassador or his servants; original jurisdiction, not
exclusive, in cases between a State and its citizens, or between a State
and citizens of other States, or aliens; in suits by an ambassador or
his servants, or in which a consul or vice-consul is a party; it has
power to issue writs of prohibition to the District Courts when pro-
ceeding in admiralty, and writs of mandamus in certain cases; it has
appellate jurisdiction from the final judgment of any Circuit Court,
or District Court acting as Circuit Court, in civil actions at law when
$2,000 is involved, by writ of error, and in cases of equity, admiralty,

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OOUKT, 105-105 a 141

and maritime jurisdiction, by appeal; and in case of division of opin-
ion between the circuit judge and the district judge, by review; and,
without regard to the amount involved, in all patent, copyright, or
revenue cases; and in cases of deprivation of rights of citizenship,
suits for conspiracy against '' civil rights," cases tried by the Circuit
Court without a jury; and from the final judgment of Territorial courts
or the Supreme Court of the District of Colimibia where S1,0CX) is in-
volved, or where United States statutes or treaties are brought in
question; and from the Court of Claims from all judgments adverse
to the United States, and on behalf of the plaintiff, where ^,000 ia~
involved. 105. The Circuit Courts. There are nine circuits. The
first includes the districts of Maine, New Hampshire, Massachusetts,
and Rhode Island; the second, Vermont, Connecticut, and New
York; the third, Pennsylvania, New Jersey, and Delaware; the
fourth, Maryland, the Virginias, and the Carolines; the fifth, Geor-
gia, Florida, Alabama, Mississippi, Louisiana, and Texas; the sixth,
Ohio, Michigan, Kentucky, and Tennessee; the seventh, Indiana,
Illinois, and Wisconsin; the eighth, Nebraska, Minnesota, Iowa,
Missouri, Kansas, Arkansas, Colorado, North Dakota, South Da-
kota, Wyoming, Utah, Oklahoma, and New Mexico; the ninth,
Oregon, Nevada, Califoniia, Washington, Montana, Idaho, Arizona,
and the Territories of Alaska and Hawaii. Each court is composed
of a member of the Supreme Court as Circuit Justice, a Circuit Judge,
who shall reside within his circuit, and the district judge of the dis-
trict where the circuit court is held; and may be held by any one of
the thref sitting alone, or by any two sitting together; but a district
judge cannot vote on appeal or error from his own decision. The
Circuit Courts have ori^naJ jurisdiction in civil suits at common law
or equity where $500 is involved and an alien is a party, or the suit is
between a citizen of the State where it is brought and a citizen of
another State, or of suits in equity involving $500, where the United
States are petitioners, or at common law where the United States,
or any officer thereof suing under the authority of any act of Con-
gress, are plaintiffs; of suits under import, internal revenue, and postal
laws; of patent and copyright suits, suits against national banks,
suits in bankruptcy, and in divers other cases. They have appellate
jurisdiction from the District Courts in cases involving $50, of equity,
admiralty, or maritime jurisdiction. The Circuit Court meets at least
twice a year in every district. 105 a. The Circuit Court of Appeals
was created by Act of March 3, 1891. Its jurisdiction is appellate
merely. In each circuit the Supreme Court justice, assigned thereto,
and the circuit judges of that particular circuit, sit in the Circuit
Court of Appeals, but no judge before whom a cause or question has
been tried or heard in the District or Circuit Court can sit on the
hearing thereof on error or appeal. There being nine circuits, as at
preient constituted, there are, therefore, nine of these Qicuit Courts .

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142 COURT, 106-1076

of Appeals. 106. The District Courts. There is one or more district
in every State, for which a District Judge is appointed. These courts
are the lowest of the United States courts, and have original juris-
diction of certain crimes and offences cognisable under the authority of
the United States; of piracy, when no Circuit Court is held in the dis-
trict; of suits for penalties and forfeitures incurred under United
States laws; of suits brought by the United States or an officer thereof
authorised to sue; of suits in equity to enforce internal revenue
taxes; of suits for penalties or damages for frauds against the United
States; of suits under postal laws; of all dvil causes of admiralty and
maritime jurisdiction, and of seizures on land, or waters not subject to
admiralty jurisdiction; of suits against conspirators, as for depriva-
tion of " civil rights "; of suits to recover offices in certain cases, or
for the removal of officers; of suits against national banks; and of
proceedings under national bankruptcy laws; besides some other less
common proceedings. 107. The Court of Claims consists of one chi^
justice and four judges, and holds one annual session at Washington.
It has jurisdiction of all claims fotmded upon any law of Congress,
or upon any regulation of an Executive Department, or upon any
contract, expressed or implied, with the government of the United
States, and all claims which may be referred to it by either House of
Congress; and of all set-offs or counter claims made by the United
States; of all claims by a disbursing officer for relief from responsi-
bility for government funds or papers put in his charge; and of all
claims for captured or abandoned property. 107 a. The Court of
Customs Appeals consists of a presiding judge and four associate
judges. It is always open and sessions may be held in the several
circuits as the Court may designate. This court has exclusive appel-
late jurisdiction to review by appeal, final decisions by a board of
general appraisers respecting classification of merchandise, imposed
rate of duty, charges thereunder, and other incidental questions. It
was established in 1909. 107 h. The Court of Commerce consists of
five judges from time to time designated and assigned thereto, for a
period of five years, by the Chief Justice of the United States, from
among circuit judges. It has exclusive jurisdiction in: First. All
cases for the enforcement, otherwise than by adjudication and col-
lection, of a forfeiture or penalty or by inffiction of criminal pun-
ishment, or any order of the Interstate Commerce Commission other
than for the payment of money. Second. Cases brought to enjoin,
set aside, annul, or suspend in whole or in part any order of the Inter-
state Commerce Commission. Third. Such cases as by section three
of the Act entitled " An Act to further regulate commerce with foreign
nations and among the States," approved February nineteenth, nine-
teen hundred and three, are authorized to be maintained in a circuit
court of the United States. Fourth. All such mandamus proceedings
as under the provisions of section twenty or section twenty-three of

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COURT, lOR-114 143

the Act entitled " An Act to regulate commerce/' approved Feb-
ruary fourth, eighteen himdred and eighty-seven, aa amended, are
authorized to be maintained in a circuit court of the United States. It
was established in 1910.

108. The State Courts. Generally, in each of the States, there is a
Supreme Court, Supreme Court of Appeals, of Errors, or Supreme
Judicial Court, having both original and appellate jurisdiction, the
judges of which sit at stated times in the various county seats at niti
pritu, and at the State capital in bank. These courts have usually
power to issue remedial writs, such as error, supersedeas, certiorari,
habeas corpus; and particularly the higher writs, like the English
prerogative writs, such as quo warranto, mandamus, prohibition, and
ns exeat regno (repMica). Frequently, they are the only courts exer-
cising equity powers, or having jurisdiction of appeals from courts of
probate, of awards of land damages, and of divorce or matrimonial
causes. In some States the jurisdiction of the supreme courts is ap-
pellate only; in others, an appellate court above the supreme has been
established, called the Court of Appeals, or Court of Errors, and in
Tennessee there is an inferior appellate Court of Chancery Appeals.
There is generally also a court (109.) caUed the Court of Common
Pleas, County Court, Circuit Court for tiie County, or Superior Court,
having large original jurisdiction, and some i^pellate jurisdiction
from minor courts or tribunals. Usually this court has also sitUn^i
in bank. In some States there are Courts of Chancery or Equity, ex-
ercising general equity powers and distinct from the courts of com-
mon law. There are usually (110.) district courts exercising powers
over the probate of wills, matters testamentary, guardianship, and
occasionally trusts; called Courts of Probate, Ordinary, Orphans' or
Surrogate's, and Register's courts. Sometimes there is a State court
of criminal jurisdiction or a criminal branch of a court of general
jurisdiction, termed the (111.) Court of Oyer and Terminer. 112.
There are generally many minor courts, of inferior, limited, local,
or special jurisdiction, both civil and criminal, termed City Courts,
Municipal Courts, Police Courts, District Courts, Justice of tiie
Peace Courts, Courts of Hustings, Courts of Sessions, Parish Courts,
Courts of Land Registration, Court of Claims, etc.

113. Territorial Courts. These are created under the authority of
the United States government; and usually consist of a Supreme
Court, with a chief and two associate justices; a District Court, of
which one of the Supreme Court justices is judge, both these courts
having equity as well as common-law jurisdiction; probate courts,
and justice of the peace courts. There is an appeal from the Territo-
rial Courts to the Supreme Court of the United States in cases where
$1,000, or, in Washington, $2,000, is involved.

114. There is a Supreme Court for the District of CdumbiA, having
the jurisdiction of the Circuit Courts of the United States; and any

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144 COURT, IIS—CXDVENANTEE

one of its justieeey holding a special term, has the power and juris-
diction of the District Courts of the United States. This court has
also jimsdiction of cases arising under the copyright and patent laws,
bankruptcy, and other special cases. There is an appeal to the Su-
preme Court of the United States, where Sl,OCX) is involved.
V. In GeneraL 115. The term Rojral courts is applied to the King's
courts, established by the Conqueror or his successors, on the Norman
theory that all justice flows from the King, of which the jurisdiction
rested directly on royal authority. 116. The term Popular courts is
usually applied to such courts as existed before the Conquest (except
the Witenagemote), which were national, popular, or social tribunals;
such as the htmdred, county, and borough courts. 117. A Court
of Record is one which has power to fine or imprison for contempt of
its authority. The records of a court of record were formerly kept
on parchment and written in Latin; they are received in other
courts as conclusive evidence of their own genuineness; and these
records are in many cases conclusive evidence of the matters therein
contained.

Courtesy. See Cubtest.

Court-lands. The demesne land of a manor. Court-rolls: the rolls of
a manor; the record of surrenders and admittances, wills, grants,
and other matters affecting the lands of the manor.

Coturtum^ coutum, fr. Toll; tribute.

CouttttUugh, sax. A person who knowingly receives an outlaw.

Covenable, fr. See Convenablb.

Covenant 1. An agreement, a promise, or an express statement, made
by a deed, or contained in a deed, between two or more persons, and
sealed by one or more of them; see Rob, El, L. Rev, ed.j § ISl; S BL
Com, 166. Covenants are dependent on some prior act or condition, see
11 Vt, 549; or independent, see 21 Pick. 4£8; or concurrent, when each
is dependent on the other, and either party must aver performance of
his own or readiness to perform it, before seeking to enforce the other
agunst the other party; see 16 Mo. 4^0, They are also in deed, ex>
pressed in the deed, or in law, implied by law; see 4 Keniy >^75. They
are inherent when relating directly to the land granted, or coUateral,
when affecting some other matter; seed B. & Aid. 7. They run with
the land into the hands of other grantees, or they exist in gross. Cove-
nants of title are divided into six common classes: of seisin, that the
grantor is duly seised; of right to convey; against incumbrances; for
further assurance; of quiet enjoyment; and warranty. These are
sometimes called real covenants; more particularly the last three,
which run with the land. The first three are more properly personal,
and cannot be enforced by an assignee of the land.
2. The action brought to recover damages for breach of a contract
under seal; see Perry C, L, PI. 57,

Covenantee. One in whose favor a covenant is made.

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COVENANTOR— CRIMINAL LAW 145

Corenantor. One who is bound to perform a covenant.

Covenant to stand seised. A oonv^ance under the statute of uses, in
which, in consideration of blood relationship, a man covenants to stand
seised to the use of a wife or relative, whereby the possession is vested
in such person by the statute. Now obsolete; see 18 Pick. SS7.

Covert Covered; protected. Feme covert: a married woman. Cov-
erture: the condition of marriage. Covert baron: under the protec-
tion of a husband; a wife.

Covin. Secret combination to efifect fraud; «ee 28 Conn, 166.

Cranage. Tolls paid for unloading a vessel by use of a crane.

Craaaua, I. Large; gross. Crassa negUgentia: gross negUgence.

Ciaatino, Z. On the morrow. Crastino animamm: on the morrow of
AU Souls.

Crave. To ask or demand.

Craven, MX. To beg; <ee Battel.

Creditor. One to whom an obligation is due; see S7 N. J. L. SOO,

Creditors' bill. In England, a bill in equity filed by one or more credi-
tors for an account of the assets and ratable settlement of the estate
of a deceased, among such creditors as come in under the decree. A
kind of Administration butt, q. v.

Crementum comitatus. The increase of the county.

Crepare oculum, I. To put out an eye.

Crepusculum, I. Twilight.

Cresser, /r. To grow. Cresaant: growing.

Cretio. Time in which an heir could decide whether or not he would
take an inheritance.

Cribler, Jr. To aigue. Parent cribl^s: were debated.

Crier, fr. To proclaim. Crie de pays: hue and cry. Criez la peez:
rehearse the concord. An order given by the justice to the sergeant
in the process of levying a fine; seeFiNs.

CrinL Con. See Criminal conversation.

Crime. A violation or neglect of legal duty, of so much public im-
portance that the law, either common or statute, takes notice of and
punishes it; eee May Cr. L., § i . Crime against nature: see Sodomt.

Crimen falsi, I. The crime of f abifying. It includes counterfeiting, for-
gery, peijury, and other cases of fraud. Crimen furti: theft. Crimen
Incendii: arson; burning. Crimen Ismwb majestatis (the crime of
injured majesty): high treason. Crimen raptus: rape. Crimen
roberi«: robbc^.

Criminal conversation. Adultery. Especially regarded as an injury
to the husband, entitling him to damages in a civil action; see Rob.
El. L. Rev. ed., § B£3. Criminal information: see Information. Crim-
inal intent: an intent to commit a crime; see Rcb. El. L. Rev. ed.,
§ 4^4. Criminal Appeal, Court of: see Court, 49.

Criminal law. That btanoh of jurisprudence wbich treats of crimes and
their penalties.

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146 CROFT— CUJUS EST COMMODUM

Croft. A small piece of land by a dwelling-house.

Cropper. One who tills a farm for a share of the crops, having no inter-
est in the land; see 71 N. C. 7.

Cross action. An action brought by the defendant against the plain-
tiff in the same action and upon the same cause of action; see 10 Ad,
A EU. 643, Cross appeal: an i4>peal therefrom by both parties to a
judgment. Cross bill: a bill relating to a suit in equity, brought by
the defendant in the previous suit against the plaintiff or other parties.
Cross complaint: one filed by a defendant against a co-defendant or
one not a party to the action in respect to the subject-matter thereof.
If against a plamtiff it is called a counter-claim, q, v.; see 3$ Ark. 290,
Cross demand: one brought by the defendant in opposition to one
brought by the plaintiff. Cross errors : those assigned by the reqx>nd-
ent in a writ of error. Cross examination: the examination of a
witness by the party opposed to the party producing him, to test
the truth of his evidence given in chief. Cross remainders: when
each of two or more grantees of an estate, usually tenants in oonunon,
has reciprocally a remainder in the shares of the others; see 4 KerUf
SOI,

Crossed cheque. (In England) a cheque crossed by two lines enclosing
a banker's name, whereby the cheque is made payable only to a cer-
tain banker. Sometimes the words *' and company " only are written,
and the payee is expected to prefix his banker's name.

Crown. Common term in England for the sovereign.

Crown law. Criminal law. Crown pleas: criminal cases. Crown side:
the criminal side of the K. B,; see Coubt, 8. Crown Cases reserved,
Court for the Consideration of: see Court, 49. Crown office: a de-
partment in the crown side of the K. B. where cognisance is taken
of criminal causes, and informations are filed.

Crude. Raw; not altered by any artificial process; eee lOB U, S. 198.

Cry de pais, fr, (The cry of the country.) Hue and cry.

Cuddng-stool. See Common scold.

Cui ante divortium, I, (To whom before the divorce.) A writ of entry
brought by a woman divorced to recover lands of hers which the
husband had alienated during coverture; see 3 Bl. Com, 183. Cui in
vita: a similar writ brought by a widow to recover lands alienated
by her husband in his lifetime; see 3 Bl, Com, 183, Cui bono: for
whose good, frequently mistranslated "for what good.'' Cui licet
quod ma jus, non debet quod minus est non licere: he to whom the
greater [act or power] is lawful, ought not to be prohibited from the
less.

Cuicunque aliquis quid concedit, concedere videtur et id sime quo res
ipsa esse non potuit, I. Any one who grants anything to another ia
held also to grant that without which the thing itself could not exist.

Cuilibet in arte sua perito credendum est, I. Any skilled person is to
be believed in his own art.

Cttjtts est conunodum, ejus debet esse incommodmn, Z. He who enjoys

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CUL.— CUIOA 147

the profit ought to bear the loss. Cujus est dare, ejus est disponere
(whose it is to give, his it is to dispose) : a giver can regulate the appli-
cation of his gift. Cttjus est diWsio, alterius est electio : whichever haa
the division, the other has the choice [of shares]. Cujus est dominium
ejus est periculum: he who has the ownership bears the risk. Cujus
est solum, ejus est usque ad coelum et ad inferos: he who owns the
ground possesses also to the sky and the centre of the earth, i, e., all
things above and below it.

Cul., culp., 2. (Culpabihs.) Guilty. Cul. prit: guilty; ready, etc. A
reply of the clerk, on behalf of the Crown, to a prisoner's plea of
not guilty, in criminal csfles.

Cul de sac. (Bottom of the bag.) Applied to a street opened only at
one end; a blind alley.

Culpa, {. Fault; negligence; guilt. Culpa lata dole equipaimtur: gross
negligence is held equivalent to intentional wrong.

Culpable. At fault; criminal; censurable; aes 8 Allen, 122,

Culprit. One supposed to be giulty of a crime; a guilty person.

Cum, I. With. Cum grano sails (with a grain of salt): allowing for
exaggeration. Cum onere (with a burden): subject to a charge.
Cum pertinentiis : with the appurtenances. Cum testamento annexo :
with the will annexed; see Administration.

Cum, quum, Z. When. Cum duo inter se pugnantia reperiuntur in
testamento, ultimum ratum est: when two things repugnant to each
other are found in a will, the last prevails. Cum quod ago non valet
ut ago, valeat quantum valere potest: when what I do is of no effect
as I do it, it shall have as much effect as it can [in some other way];
see Cy-prbb.

Cumulative. Additional; increasing; see Lbqact; Evidencb.

Cur. See Cubia.

Cura, L Care. Cura animarum: Cure of souls, g. v.

Curate. See Rectob.

Curator ad hoc, {. A guardian for this [purpose]. Curator ad litem: a
guardian for the suit. Curator bonis: the guardian of a minor or
lunatic.

Cure of souls. The spiritual charge of a parish; the duties of an offici-
ating clergyman. Cure by verdict: see Aider.

Curge, /r. Runs. Curgera ove la terre: shall run with the land.

Curia, Z., Cur, Cour, /r. Court. Curia advisari vult: the court wishes
to deliberate. Curia admiralitatis: the court of admiralty. Curia
baronis or baronum : the court baron. Curia christianitatis : the eccle-
siastical court. Curia comitatus: the county court. Curia cancel-
laritt est offidna justiti«: the court of chancery is the woricshop of
justice. Curia domini: the lord's court. Curia magna (the great
court) : Parliament. Curia majoris : the mayor's court. Curia Palatil :
the Palace Court. Curia pedis pulverizati: Piedpoudre court; see
Court, 36. Curia regis: the king's court; see Aula Rbgib.

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148 CURIALITAS-CY

Curialitos, I. Curiality; curtesy; see 2 BL Com, 126,

Current Being created, or already existing; commonly used and
recognized.

Currere, I. To run. Currit quatuor pedibus: it runs upon all fours.

Cursitors. Clerks of chancery, whose duties were to make out the
original writs, or writs de cursu.

Cursus, I. Course; practice. Cutbus curie est lex curis: the practice
of the court is the law of the court.

Curtesy, Curtesy of England. The life estate which a husband has on
the death of his wife in any lands of which she was seised, in fee simple
or fee tail, during coverture, if he had lawful issue by her bom alive
and capable of inheriting; see Roh. El. L. Rev. ed.^ § 82.

Curtilage, fr. The enclosed land about a dwelling, and necessary for
the convenient occupation of the house; see 10 Hun, 154; 4 BL Corn,
224' A court yard.

Curtis, I. A court or yard; a dwelling; a household; a court or tribunal;
a residence.

Custagium, custagia, custantU, L Cost; costs.

Custode admittendo, amovendo. See De.

Custodia. Ward; keeping; guardianship; custody. Custodia legis: in
the custody of the law; see 7 Wis. 334-

Custom of merchants. The law merchant, q. v. Custom : see Phescribb.

Customary estate. An estate existing by the custom of a manor, evi-
denced by copy of court roll. Customary freehold: a copy-hold
tenure hdd not at the will of the lord, resembling freehold.

Customs. Taxes on imported and exported goods and merchandise.
Laws established by long usage; see 9 Wend. 349,

Customs court See Court, 117 a.

Custos, p2. custodes, L A guard; keeper; warden; magistrate. Custos
brevium: the keeper of the writs, a principal clerk of the C. B. Cus-
tos maris (warden of the sea): admiral. Custos moreum: the Court
of Queen's Bench, as custodian of the morals of England. Custos
pladtorum corona: keeper of the pleas of the Crown. Custos rotu-
lorum : keeper of the rolls; the principal justice of the peace of a county;
the first civil officer, as the lord lieutenant is the first military officer;
see 1 BL Com, 349. Custos spiritualium: guardian of the spiritualities;
he that exercised ecclesiastical jurisdiction during the vacancy of a
see, while the custos temporalium, guardian of the temporalities,
looked after the material interests and accounted for the rents and
profits to the King.

Custuma antiqua sive magna, L An old export duty on wool and hides;
see 1 BL Com. 314- Custuma parva et nova: old duties on goods ex-
ported or imported by aliens.

Custus, L Costs; charges; expense.

Cy,/r. Here, (^-aprds: hereafter. Cy^evant: heretofore.

Cy, si, etc., Jr. So; as. Cy-prte: as near [as possible]; the doctrine of

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CYNEBOTE— DANGEROUS WEAPON 149

construing instruments as near the intention of parties as possible;
and, particularly, the equitable doctrine by which, when it would be
impossible or unreasonable to carry out the directions of a testator
literally, his intention is carried out so far as practicable; applied to
chaiitable bequests; see 14 Wend. 308; I4 AUen, 64$; Bob, EL L.
Rev, ed., § S67,

Cynebote, eax. See Cenegild.

Cyrographum, {. See Chibogbafhum*

D. P. (Domus Procerum, {.). The House of Loids.

Da, oui da, fr. Yes.

Dacion, span. The complete delivery of a thing in the execution of a
contract.

Damage-clere, fr. A fee fonnerly due the chief clerk from a plaintiff
recovering damages in the K. B. and C. P. Damage-feasant: doing
damage, a term applied to cattle trespassing; see Rob. El. L. Reo.
ed., § S4^.

Damages. The sum claimed by the plaintiff or assessed by the jury
in a personal or mixed civil action. Consequential damages: those
arising incidentally from the immediate act of damage. They are
different from the contingent damages: which are given where the
issues upon counts to which no demurrer has been filed are tried,
before demurrer to one or more counts in the same declaration has
been decided; see 1 Stra. 481. Exemplary, punitive, or vindictive
damages: damages more than the actual damage given by way of
punishment for fraud, malice, or oppression; smart-money. General
damages: such as necessarily result from the injury complained of;
not special damages, which must be specified in the declaration.
Liquidated damages: a sum agreed upon by the parties as compensa-
tion for a breach of contract.

Dame, fr. A wife of a knight or baronet; lady.

Damnatus, I. Condemned; unlawful.

Danmi injuria actio. An action against one for an intentional injury
to a beast of another.

Damnosa hiereditas, I. A burdensome inheritance.

Damnum, pi. damna, I. Harm; loss; damages; see Ao damnum.

Damnum absque injuria, I. A damage without a Pegal] wrong; see
Big. Torts, 8th ed. 89. Damnum fatale (fatal damage) : unavoidable

> loss.

Danelage. The Danish law anciently prevailing in the eastern counties
of EiUgland.

Dangerous weapon. One dangerous to life, and largely dependent on
the manner of using it. It is not neoeBsaiily a deadly weapon, q. v.

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160 DANS— DE

DanSy/r. In; within.

Dans et retinens nil dat, {. One who gives and retains [possession] gives
nothing; i, e,, the title does not pass.

Darrein, dareyne, darraign, etc., fr. Last; see GoNnNUANCE; Puis
DARBEiN CONTINT7ANCE. Darrein presentment: see Assizb. Darrein
seisin: an old plea for the tenant in a writ of right; see S Met,
(Mass.) 184.

Daf, data, datum, I. Given; executed; the date of instruments.

Datio in solutmn, Z., Dation en paiement, fr, (Giving in payment.) A
species of accord and satisfaction by transfer or assignment of prop-
erty in lieu of money.

Dative. In one's gift; appointed by public authority; removable at
pleasure.

Day. The time between midnight and the next following midnight;
see 89 Pa, 622.

Days in bank. The days in the C. B. on which writs were returnable;
see Bank; also called common days. Days of grace: three days al-
lowed penBons summoned in the English courts for appearance, after
the return day; the fourth day being the quarto die post In mer-
cantile law, days (usually three) after the day upon which bills or
notes are expressed to be payable on the last of which the bill becomes
legally due. To go without day: to be dbmissed finally from court;
see CoNTiNnANCE.

De, /. Of; from; about; out of; oonoeming; among; for; to. De
admenauratione dotis: a writ of Admeasxtrement of dower, g. v.
De admittendo derico: a writ commanding the bishop to admit the
clerk presented by a patron of a living who has established his right
thereto in quare impedit or darrein presentment. De etate probanda:
a writ to determine whether the heir of a tenant in capite was of full
age. De alto et basso: see Alto. De annuo reditu: a writ to recover
an annuity. De apostata capiendo: a writ for the arrest of a person
professing some religious order who left his abbey or other residence
and wandered about the country. De arrestandis bonis ne dissipea-
tur: see Arrestandis. De averiis replegiandis: a writ to replevy
cattle. De audiendo et terminando (fr. oyer et terminer) : to hear and
determine; see Assize. De averiis captis in withemamium: see
Capias in withernam; Withernam. De avo: a writ of Aiel, q. v.
De banco: of the bench, of the Court of Common Pleas. De bene
esse (fr. del bien estre) : for what it is worth; provisionally; see Rob.
El. L. Rev. ed., § S6S; Bill, I. 19. Spoken of evidence taken, but
which is to be used only upon certain conditions, as if the witness be
unable to attend at some future time; also of a verdict foimd subjedt
to the opinion of the court, etc. De bonis asportatis: the action
(brought for goods carried away) of trespass to personal property.
De bonis non: of the goods not [administered!; see Administration.
De bonis non amovendis: see Bonib. De bonis propxiiB: of his oi?m

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D£ 151

goods, spoken of a judgment against an executor or administrator to be
satisfied from his own property; not de bonis testatoris or intestati,
out of the goods of the testator or intestate. Debonogestu: for good
behavior; see Good abearinq. De bono et nudo (fr. de bien et de
mal): 1. For good or evil. 2. The name of a special writ of gaol
delivery. Decartisreddendis: a writ to secure the specific returns of
deeds; de catallis reddendis: a similar writ for chattels generally.
De champertia: a writ to enforce the statute of champerty. De
chimino: a writ to enforce a right of way. De dauso fmcto: of
breach of close. De derico admittendo: see De admittbndg clbrico.
De combttstioiie domorum: concerning house-burning, a kind of
appeal; see Appeal, 2. De computo: see Compotub. De oonsan-
guineo: a writ of Cobinage, q, v, De consilio: of counsel. De
conspizmtione: a writ of Conspiracy, g. o. De consuetodinibus et
servitiis: a writ by landlord against tenant to enforce customs and
services. De contributione fadenda: an old writ to compel coparcen-
ers or tenants in common to contribute their share of rents or services.
De contumace capiendo: a writ issuing from Chancery to arrest a de-
fendant in contempt of an ecclesiastical court. De conventione : a writ
of covenant. De corpore: of the body; see Cobpub. De curia datid-
enda: a writ directing the defendant to fence in his land. De cuisu:
of course; seeWnvr, Decustode admittendo: a writ to admit a guaiv
dian; axnovendo, to remove one. Decostodia terrttethsredis: writ
of ward; a writ for a guardian in chivalry or socage to recover the pos-
session of the land and infant heir. Dedebito: a writ of debt. Dedie
daro (by clear day) : by daylight. De die in diem: from day to day.
Dedolomalo: concerning fraud. Dedomorepaianda: a writ to com-
pel a man to repair his house when dangerous to the neighbors. De
donis conditionalibus: of conditional gifts; the title of the statute
establishing fees tail, 13 Edw. I., st. 1, c. 1; see e BL Cam. 110, 116.
De dote aasignanda; a writ for the widow of a tenant in oapiUf com-
manding the King's escheator to assign her dower. De dote unde
nihil habet (of dower whereof she has nothing) : a writ for a widow
commanding the tenant to assign her dower. De ejectione custodi»
(for ejectment of ward) : a writ for the guardian to recover the ward's
land or person. De ejectione flmue: a writ to recover damages for
ejectment, which lay for a term tenant against the reversioner, re-
mainderman, lessor, or a stranger; see Ejecticent. De escaeta: a
writ of Escheat, q. v. De essendo quietum de theolonio: a writ which
lay for the burgesses of a town exempt from toll to enforce such right
of exemption. Deessoniodemalolecti: a writ to authorize an exami-
nation into the truth of an essoin of malo lecii. De estoveriis habendis:
a writ for a wife divorced a mensa et thoro to recover her alimony or
estovers. De estrepamento: a writ to prevent estrepement by the
tenant during a suit about the possession of land. De et super prm-
mlndt: of and upon the premises. De excommnnlcata capiendo: a

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152 DE

writ to arrest a person excommunicated; now supereeded by de cotv-
ttimace capiendo. De executione facienda in withemamiiim ; a writ of
execution in withernam, — a species of capias in tnthemam. De exiti-
btts terre: out of the profits of the land. De exoneiatione sects: a
writ to privilege the King's ward from suit in all courts lower than the
C. B. De facto: in fact; indeed; actual; distinguished from de jure,
in law; of right. De feodo: in fee; of fee. De fide et officio judicls
non redpitur qiMestio, sed de sdentia, sive sit error juris, stve facti:
the good faith and honesty of purpose of a judge cannot be questioned,
but his decision may be impugned for error either of law or fact. De
fine capiendo pro tenia: a writ which lay for a juror who had been
attainted for giving a false verdict, to obtain release of his person,
land, and goods on payment of a fine to the King; see Attaint.. De
furto: of theft; a kind of criminal appeal. De futuro: for the future;
regardmg the future. De gratia: of ^race; by favor. De gratia
spedali, ex certa scientia, et mero motu: of special grace, certain
knowledge, and mere motion. De hserede deliberando illi qui habet
custodlam terrse : a writ for delivering the heir to him who has custody
of the land. De luerede lapto et abducto: a writ for a guardian in
chivalry or socage to recover his ward when abducted. De hsBretico
comburendo: a writ to bum a heretic who had abjured his heresy
and again relapsed. De homine capto in withemamium: a writ to
take in withernam him who had led any bondman or bondwoman out
of the county, so he or she could not be replevied according to law.
De homine replegiando: a writ to replevy a man out of custody, on
giving security to the sheriff that he will appear to answer any charge
against him. De incremento: of increase; see Costs. De idiota in-
quirendo: a writ to inquire whether a man be an idiot or not. De
infinnitate: of infirmity; see Essoin. De ingressu: writ of entry.
De injuria sua absque tali causa, or absque residue caus»: of his
own wrong without such cause, or without the rest of such cause; a
replication, traversing, in general terms, a plea of excuse or justifica-
tion in an action of tort. De integro: anew; a second time; as it
was before. De intrusione : a writ of intrusion. De jure : of right; by
law. De jure communi: at common law. De jure judices, de facto
juratorea, respondent: the judges answer as to the law, the jurymen
to the fact. De latere: from the side; collaterally. De libertatibus
allocandis: a writ for burgesses entitled to certain liberties to en-
force their rights. De lunatico inquirendo: a writ to inquire about
lunacy; see Cokmisston, 4. De magna assisa eligenda: a writ to
choose the grand assize. De malo lecti, veniendi, villae: see EIssoin.
De manucaptione: writ of mainprise. De manutenendo: a writ of
maintenance. De me: see A me. De medietate linguae: of half-
tongue; a jury half natives, half aliens; see Bilinguis. De medio:
a writ of mesne. De melioribus damnis (for the better damages) : a
term applied to the election by a plaintiff, who has had the damages

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D£ 153

asseased severally against the defendants, of one defendant against
whom he will proceed while he enters a nol. pros, as to the others. De
mercatoritms (of merchants) : the statute of Acton Bumel, 11 Edw. I.,
1233, and the statute 13 Edw. I., st. 3, which established the recog-
nizance by statute merchant. De minimis non cunt lex: the law
concerns not itself about trifles. De mode dedmandi: [a prescrip-
tion] of a tnodua of paying tithes. De morte hominis nulla est cunc-
tatio longa: as to l^e death of a man no delay is long. De non ap-
parentibus et non ezistentibus eadem est ratio: the rule as to things
which do not appear is the same as the rule as to things which do not
exist. De non dedmando (of not paying tithes) : a prescription to be
entirely discharged of tithes. De novo: anew; a second time. De
odio et atia (by hatred and malice) : an old writ, issuing as of course
and gratis, similar in purpose to the habeas carpus, which lay for a
person imprisoned on charge of homicide commanding the sheriff to
inquire whether there was just cause of suspicion against him. If it
was found that he was accused de odio et atiaf or that he committed
the deed se drfendendo, or per infortuniumy a writ of tradus in balliun
might issue commanding the sheriff to admit him to bail if he could
find twelve good and lawful men of the county as mainpernors. De
onerando pro rata portionis: a writ for a joint tenant or tenant in
common, distrained for more than his share of the rent, to charge the
other tenants proportionately. De pace et legalitate tuenda: for
keeping the peace and good behavior. De pace et plagis: of breach
of l^e peace and wounds; a kind of criminal appeal. So De pace et ro-
beria (robbery) or imprisonamento (imprisonment). De pace infracta:
of breach of the peace. De parco fracto : a writ of pound breach, g. v.
De partitione facienda: a writ for making partition of' lands held by
tenants in common, joint tenants, or coparceners. De perambttla-
tione fodenda: a writ to ascertain the boundaries of lands. De
placito: of a plea; in an action. De piano: summarily; clearly; by
covin ; forthwith. De plegiia acquietandis : a writ for a surety, who has
been compelled to pay a debt, against his principal. De pone: a writ
of Pons, q. v. De post disseisina: a writ of Post dissbibin, q. v, De
present! : for the present; as of the present. De proprietate probanda:
a writ directing the sheriff to inquire by inquest into the ownership of
goods distrained. De qoibus sur disseisin: an old writ of entry. De
quodam ignoto: from a certain person imknown. De raptu httredis:
a writ for a guardian in tenure against one who abducted his ward.
De raptu virginum: of the rape of maids; a kind of criminal appeal.
De rationabili parte bonorum (of a reasonable part of the goods) : an
old writ enabling the wife and children of a man deceased to recover
the thirds of his personal property which he could not, by conmion
law, or county customs, bequeath away from them. De rationabili
parte: a writ of right for one coparcener against another usurping the
entire possession. De recto: writ of right. De recto de advocatione:

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154 DE

writ of right of advowBon. De recto de dote: writ of right of dower.
De recto deficere : to fail of right. De recto [breve] patens : the patent
writ of right. De redisseisiiia: writ of redisseisin. De replegiare:
writ of replevin. De rescussu: writ of rescous. De retomo habendo:
to have a return; a judgment for the defendant in replevin. De rigore
juris: by strict law. De salva guardia: writ of safeguard. De salvo
conductu: writ of safe-conduct. De scutagio habendo: a writ to
recover escuage from tenants by knight's service who failed to serve
the King in war. De se bene gerendo: for his good behavior. De
secta ad molendinum: a writ to enforce one to continue grinding at
the plaintiff's mill as by custom. De servitio regis: for the King's
service; see Essoin. De similibus idem est judicandum: of like
things the same judgment is to be made. De statuto mercatorio: a
writ of statute merchant. De statuto stapute: writ of statute staple.
De superoneratione pasture: a writ of surcharge of pasture. De
sttpersedendo: a writ of supersedeas. De tempore cu jus, etc. : see A
TEHPORB, etc. De tempore in tempus et ad omnia tempore: from
time to time and at all times. De terre sancta: of the holy land; see
Essoin. De thedonio: a writ to recover toU. De transgressione:
a writ of trespass. De ultra mare: of beyond sea; see Essoin. De
ima parte: unilateral; a deed where one party only binds himself.
De uzore repta et abducta: a writ for a man to recover damages for
the abduction of his wife. De vasto: a writ of waste. De ventre
inspfdendo (for examining the belly): a writ which a presumptive
heir might have to examine whether the widow was pregnant or not;
a writ to examine into the pregnancy of a woman sentenced to death.
De verba in verbtmi: word for woni. De vidneto: from the neigh-
borhood. De visu et audita (of sight and hearing) : a phrase applied
to the old transaction witnesses. De warrantia charte: a writ of
warranty of charter, given a defendant in assize or other action,
where he could not vouch to warranty, against the feoffor or his heir
to compel them to warrant. De warrantia custodise: a writ for one
who had purchased lands in knightHservice, or his heir, against the
grantor warranting them free of wardship, or his heir, when wardship
was claimed by a third party. De warrantia diei: a writ to prevent
default where a man had a day given him to appear in court, and was
absent on service of the King.
De, /r. Of; about; from; concerning; out of; in; at; in order to; on;
with. De bone memorie (of good memory): of sound mind. De
comon droit: at common law; of common right. De comes et de
bouche (with horns and mouth): an expression applied to hue and
cry. De coste: on the side; collateral. De cy en avant: from now
henceforth. De defaute de droit: for failure of right; an old appeal
in feudal law. De droit: de jure. De fine force: of pure necessity.
De haut en has: of high and low; a term expressing the unlimited
power of taxation enjoyed by a lord. De la pluis beale: see Dowsr.

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DEAD FREIGHT— DEBITUM 155

De mot en mot: word for word. De non sane memorie: of unsound
mind. De pleine age: of full age. De ques en ga: from which time
until now. De quoy: of which; wherewith. De rien culpable: guilty
of naught. De son tort demesne sans tiel cause: of his own wrong
without such cause; see De injubia sua, &c. De sa vie: for his life,
not pour avJter vie. De son done: by his gift. De son gr6e: of his
own accord. De temps dont memorie ne court, etc.: from time of
which memory runneth not [to the contrary]; we A tempore.

Dead freight The amoimt paid by a charterer for that part of the
vessel's capacity which he does not occupy, though he has contracted
for it.

Deadly weapon. A 16thal weapon; a weapon Ukely to produce death
or bodily harm; see Jfi Tex. 93.

Dead man's part, Death's part. That part of the personal effects of a
decedent which by the custom of London and York went to the ad-
ministrator. In Scotch law, Dead's part meant such of his personalty
as remained beyond the shares of the widow and children, which the
decedent could dispose of by will. Dead pledge: a mortgage.

Deafforest. To discharge from being a forest and subject to forest law.

Dealer. One who buys to sell again; see S3 Pa. 385.

Dean and chapter. The council of a bishop; a spiritual corporation.
Dean of the arches: the presiding judge of the Court of Arches; see
COXJBT, 83.

Debas, debassa, /r. Below; downwards.

Debauch. To make lewd; to seduce a woman.

Debent, I. They owe. Debet: he owes; he ought. Debet et detinet:
he owes and withholds; words applied to an action of debt brought
by one of the origzna] contracting parties; see 3 Bl. Com. 156. If by
or against an assignee, the original writ contained the word detinet
akme. Debet et solet: he ought and has been used [to do]; words in
a writ of right, importing that the plaintiff sues for a thing now for
the first time withheld; if he sued for a right of which his ancestor was
deprived, the writ contained the word debet alone; see Debet.

Debentures. The bonds of English public companies.

Debet esse finis lititmi, I. There ought to be an end of suits. Debet
qnls Juri subjacere ubi delinquit: one ought to be subject to the law
of the place where one offends; see Debent.

Deblle fondamentum fallit opus, I. A weak foundation spoils the whole
work.

Debits, {. Debts. Debits fundi: debts secured upon land. Debita
Udconun: debts of the laity. Debita sequtmtur personam debitoris:
debts follow the person of the debtor.

Debito modo, L In due manner.

Debitor non presumitor donare, {. A debtor is not presumed to make
a gift [to intend a conveyance as a gift].

Debitum, ). Debt; a thing due or proper. Debitum et contractus sunt

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156 DEBITOR—DECLARATION

nulliiis loci: debt and contract are of no place [they may be enforced
in any jurisdiction]. Debitom in praesenti, solvendum in futuio
(owed now, to be paid in future) : a debt or obligation, complete when
contracted, to be performed subsequently.

Debitor, /. A debtor. Debitorom pactionibus creditorom petitio nee
toUi nee minui potest: a claim of creditors can neither be lost nor
modified through agreements made among debtors.

Debt. 1. An old action having for its object the recovery of a specific
svim of money; see Perry C. L. PI, 66; Rob, El, L, Rev. ed., S ^^;
Debbnt. 2. Indebitatus assumpsit: see Assumpsit. Debt of
record: a judgment or recognisance debt." Debt by specialty: a debt
acknowledged by writing under seal.

Debtee. One to whom a debt is due.

Debtor. One who owes a debt.

Debuit, I. He owed. Debuit repare: he ought to repair.

Dega, decha, Jr, On this side.

Decalogue. The ten commandments.

Decanus, {. A dean. Decania, decanatus: his jurisdiction; a deanery;
also, a tithing, q, v.

Decoder, fr,, decedere, {. To die. Decedens, I,, decedent: a person
deceased.

Deceit 1. An old judicial writ brought to recover lands lost in a real
action by default of the tenant through collusion. 2. An ori^^nal
writ to recover damages for deceit by way of forgery, collusion, or
fraudulent misrepresentation. 3. The modem similar action in tres-
pass on the case. 4. A false representation of material facts made
with knowledge of its falsity and with intent that it should be acted
upon, to one who believed it to be true, who acted upon it to his
damage; see Big. Torts, 8th ed, 73,

Decem tales, I. (Ten such.) A writ to summon ten jurors to make up
a deficiency.

Decenna, {. A decennary; a tithing. Decennarius: a deciner.

Deceptis, non dedpientibus, jura subveniimt, I. The laws assist the
deceived, not those deceiving.

Decem, sc. To decree.

Decet, I. It is fit; becoming.

Dedes tantom, I. (Ten times as much.) A species of popular action
against a jiuror who had been bribed, to recover ten times the amount
of the bribe; also against the embraceour.

Dedms, Z., Dismes, fr. 1. Tenths; the tenth part of the profit of
church livings formerly claimed by the Pope, now part of the royal
revenue. 2. Tithes.

Deciner, desiner, dozyner, etc. One of a tithing; a Hand-bobow, g. v.

Declaration. The first pleading of the plaintiff in a civil action at law;
the written statement of his case; formerly, when oral, called the
Count, q. v. Declaration of intention: a declaration made by an alien

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DECLARATORY— DEED 157

before a court of record that he intends to become a citizen of the
United States. Declaration of trust: an act showing, or instrument
stating, that the donor grants, or the owner holds, certain property
in trust for certain purposes; such act or instrument being made or
assented to by the donor or holder.

Declaratory. Something which declares in certain terms, what before
was imcertain; as a declaratory statute, which does not create new
law but merely affirms what before was doubtful.

Declare. To prepare, file, and serve a declaration. To state solemnly
before witnesses.

Declinatory plea. The plea of sanctuary, or benefit of clergy.

Declination, declinature. A Scotch plea to the jurisdiction. Decline:
to object to such plea.

Decree, decreet, sc. The judgment of a court of equity or admiralty,
which, if final, disposes of the suit; see 1 KerU, 316; if interiocutory,
disposes not of the main question, but of some plea or issue arising
in the cause; see 196 U. S, 2S2. Decree nisi: one which will be made
absolute on motion, unless some cause to prevent intervene. Decree
pro confesso: an order of a court of equity that the allegations in
the bill be taken as confessed by a defendant in default. The plain-
tiff may then have an ex parte hearing. Decree absolvitor: a decree
for the defendant; condemnator, for the plaintiff.

Decretal order. An order, like a decree, made by the Court of Chancery
on motion.

Decretales, 2., decretala. The second division of the canon law; eee
Corpus juris.

Decretum Gratiani. Ecclesiastical laws or decrees made by Gratian,
a monk, in 1151; see 1 BL Com, 82,

Dedi, I, I have given. The operative word in conveyances by grant,
anciently held to imply a warranty. Dedi et concessi: I have given
and granted. Used in creating a feoffment.

Dedication. The appropriation of property, usually land, by the owner
to public uses; as of a right of way, when a private landowner lays
out a road, and it is accepted by the public or public authorities; see
84 Ala, 216; S3 N, J, L, 13.

Dedicere, I. To deny. Dedictum: denied.

Dedimua, I. A commission to take testimony. Dedimus et concessi-
mus: we have given and granted. Dedimus potestatem was an old
English writ, issuing out of Chancery, empowering the persons named
in it to perform certain judicial or ministerial acts; as to make an
attorney, take oaths, take the acknowledgment of a fine, etc.; see
2 Bl, Com, 361,

Dedire, fr. To deny. Dedit: denied.

Dedit et concessit, I, He hath given and granted; see Dbdi.

Dedititii, I, Criminals who were marked by bums on face or body.

Deed. A written agreement or grant, sealed and delivered; usually the

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158 DEEM— DEHNITIVE

tenn is applied only to conveyances of real estate; tee S Bl, Cam. t94;
S6 W, Va, €47, A deed indented is one executed in two parts, or as
many parts as there were parties, which formerly were separated by
cutting in a curved or indented line; a chirograph. A deed poll is one
executed in one part, by one party only, having the edge polled or
cut even, not indented. The terms are still used to distinguish deeds
in which there are agreements of more than one party, from those
which are the acts of a single party, like simple grants or appoint-
ments. Deeds to lead, or to declare uses: a deed made before or
after a fine or conmion recovery, to show the object thereof.

Deem. To judge, or decide. Suggesting certainty and not approzimar
tion; see 1S2 Mass, B47,

Deemster. A judge in the Isle of Man with power to decide eontro-
versies without process or charges.

Defftlcatio, I, Deduction; abatement.

Defalta, {., default. Omission; failure; failure to appear, or plead, in
court.

Defamation. Spoken or written words tending to injure the good fame
of a person. If written it is libel; if spoken it is slander; see Big, Torts,
8th ed, ess.

Defeasance. A collateral deed, accompanying or annexed to another,
providing that the latter is to be void upon the happening or perform-
ance of certain conditions; see $$ Pick. 6i6; R6b, ELL, Rev, ed,,
ilSO.

DefectuSi I. Defect; imperfection; the want of something required by
law; see Challenge; Escheat.

Defendre, /r., defendere, I., defend. To deny; prohibit. Defendant,
defender: the party denying, against whom an action is brought.
Defendemus, {. (we wiU defend) : a phrase in ancient grants binding
the grantor and his heirs to defend the grantee against the imposition
of servitude or incumbrances other than those mentioned in the grant.
Defendendo, I. See Se defbndbndo. Defendere se per corpus suum
(to defend himself by his body) : to wage battle. Defendere se unica
manu: to wage his law. Defendit vim et injuriam: he denies the
force and injury.

Defeneration. Lending money at an usurious rate of interest.

Defensa, defensum, I, An enclosure; fenced land; a deer park.

Defensio, /., defense, fr. Defence; prohibition.

Defensive allegation. In ecclesiastical courts, the plea of the defendant
stating the facts upon which he relies and to which he may have the
plaintiff's answer under oath.

Defensor, I, A defendant; guardian; protector; warrantor.

Defldente imo sanguine, non potest esse hseres, I, One blood wanting,
he cannot be heir.

Definitive. Final. Definitive sentence: the final judgment of an ecde-
siastieal court.

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DEFLORATION— DELEGATIO 159

Deflonitio&. Depriving a woman of her virginity; see Rape; Fobnica-
tion; ADUi;rERT.

Deforce, defordare, 2., deforcer, /r. To withhold wrongfully; to act
in deforcement. Deforciant, defordans, deforceor: one who deforces;
see 2 BL Com, 360. Deforcement: the withholding of lands or tene-
ments from another who has a right to them, including intrusion,
abatement, diaseisen, or discontinuance; in a restricted sense, such
detainer of the freehold from him that hath the right, but never had
any possession, as falls within none of these, the deforciant having
originally gained possession rightfully; see S BL Com. 173; Bob. El. L.
Bev. ed., %211.

Defossion. Being buried alive as a punishment.

Defraudadon, span. The crime of fraudulently evading the payment
of a public tax.

Degaster, ft. To waste.

Degrading. Lowering a person in the public estimation.

Degree of relationship. In the canon law, we reckon by the number of
steps from the person farthest from the common ancestor to him; in
the dvil law, we reckon by the number of steps from one person up
to the conmion ancestor and down to the other. Thus, a grand-uncle
is related to his grand-nephew in the third degree by the canon law,
in the fourth degree by the civil.

Dehors, /r. Out of; beyond; foreign to; Aliunde, q. v.

Dei gratia, /. By the grace of God. Dei Jttdidum (the judgment of
God) : trial by ordeal, q. v.

Deins,/r. Within. Deins age: under age.

Dejadon, span. Surrender of property by an insolvent to his creditois;
a release, or giving up.

Dejeration, {. A taking of a solemn oath.

Delate, sc. To accuse.

Delatura. The reward of an informer.

Del bien estre, Jr. De bene esse, q. v.

Del credere, Hal. Of belief or warranty. An agreement made by a
factor or broker for an additional commission, to warrant the sol-
vency of the parties to whom he sells; a kind of guaranty or surety-
ship; see L. B. 6 Ch. App. 397.

Delectus persons, I. Choice of the person; a term expressive of the
right of a partner to have no person admitted into the partnership
against his will; see 7 Pick. 237; 3 Kent, 66.

Delegare, Z. To delegate; assign; appoint; depute. Delegata potestaft
non potest delegari: a delegated authority cannot be re-delegated.
Delegatus non potest delegare: an agent (ddegate) cannot delegate
[his authority].

Delegates, Court of. See Court, 87.

Delegatio, Z., delegation. 1. The changing of one dd^tor for another,
by which the first is discharged and the second put in his place; a

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160 DELIBERANDUM— DEMURRER

kind of novation, g. v,; if the fint ddi>tor be not dischaiged, it is
impeifect delegation, 2. The act of transferring, or the transfer, of
authority.

Deliberandum est diu quod statuendum est semel, L That which is to
be resolved once for all [enacted] should be long considered.

Delictum, {. A crime; offence; fault; see S BL Com. 363; 4 td. 361;
Challenge. Ez delicto: from tort or wrong, as distinguished from
breach of contract.

Deliverance. The verdict of a jury.

Deliveiy. 1. The act by which the possession of goods is transferred,
as from the seller to the buyer. It may be actual; or symbolic, as by
key or bill of lading. 2. The transfer of a deed to the grantee or his
agent. If to a third person, to hold until the performance of some
condition, the delivery is by way of escrow, q. v,

Dem. For demise; on the demise of.

Demain, /r. 1. To-morrow. 2. Demesne, g. v.

Demandant. The party suing in a real action; the plaintiff. The de-
fendant is called the tenant, q, v.

Demens, I. One who has lost his mind; amens: a person wholly mad.
Dementia: such insanity as comes from weakness or loss of mind.

Dementenant en avant, fr. From this time forward.

Demesne, fr. 1. Lordship; seigniory. 2. Lands held absolutely, or
used directly, by the lord, as distinguished from lands held by a supe-
rior lord; bordlands, not lands demised to tenants. 3. Own; original.

Demi, fr. Half. Demi-sangue: half-blood. Demi-mark: a sum of
money, %s. 8d. Demi-vill: half a tithing.

Demise. 1. A conveyance for life, years, or at will. 2. Death.

Demise and re-demise. Mutual leases of the same land, by which a
rent-charge is effected in favor of the person not owner; the lease to
him being for a nominal rent.

Demisi, I. (I have demised.) Words in a lease importing that the
lessor had full power and authority.

Demissio, /. A lease; a transfer. Demlttere: to lease; to transfer.

Demonetize. To withdraw from use as standard currency.

Demonstratio, I. Description; designation.

Demonstrative legacy. The bequest of a certain sum to be paid out of
a specific fund; see 118 Ind. IJfl; 3 Am. Dec. 667.

Demorage. See Demurrage.

Demorari, Z., demorer, demurer, fr. To wait; to stay; to demur.

Dempster. The officer who pronounced the sentence in a Scotch court.

Demur. To wait; to stay; see Demurrer.

Demurrage. 1. Detention of a ship by a freighter beyond the time
allowed in the charter-party. 2. The allowance for such detention;
see 19 Fed. Rep. 144; Rob- El. L. Rev. ed., § 381.

Demurrer. A pleading objecting that the adversary's last pleading is
insufficient or bad in law, and asking judgment thereon. A special

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DEMY— DERELICT 161

demurrer states the causes of objection. Demurrer to the evidence:
an objection by one of the parties to an action that the evidence pro-
duced by the other was insufficient in law to maintain his case;
whereby the jiuy were dismissed and the court called upon to give
judgment on the facts as alleged; now nearly obsolete; see 28 Ala,
N. B. 6S7, In equity, a pleading by the defendant praying judgment
whether he is boimd to answer on the face of the bill; if alleging new
matter, it is called a speaking demurrer, q, v.

Demy, /r. Half. Demy-sangue: half-blood.

Den, dene, dena, 2. A valley; a vale; a low woody hollow.

Denarii. An ancient term for ready money.

Denarius, I, A penny. Denarius Dei; Denier a Dieu, /r. (God's
penny.) Earnest-money; it was not, however, part of the consid-
eration, like Arrha, q. v.j but was paid to the poor.

Denizen. An alien bom, made a subject by letters patent of the King.
He could take land by purchase, not by inheritance; see 1 BL Com.

Denominatio est a digniori, L Denomination is from the more worthy.
Denouncement. A judicial proceeding in Mexico for the forfeiture of

land held by an alien.
Denuntiatio. A public notice or summons.
Deodand. Any personal chattel, animate or inanimate, which was the

immediate occasion of the death of any reasonable creature; it was

formerly forfeited to the Crown, to be applied to pious uses by the

high almoner; thus, a sword, a horse, a platform from which a man

fell, might be deodand.
Departure. A shifting of ground in pleading; as when a man sets up one

defence in the plea and a different one in the rejoinder; see IS N. Y.

8S; Rob, El L. Rev, ed., § 306; Perry C, L. PI, 4m,
Depone. To make oath in writing, to depose, q. v.
Deponent. One who makes a deposition or gives information on oath

or affirmation before a magistrate; see Ifl Me, 248.
Deportation. A perpetual banishment of a citizen or alien, although

in case of the latter it may be conditional, as in case of a pauper inmu-

grant; see 149 U, S, 709,
Depose. To deprive of public office against the party's will.
Deposit. A species of bailment for safe keeping without reward.
Deposition. Evidence taken in writing, under oath, before a judicial

officer, in answer to interrogatories; see 23 N, J, L, 49, An affidavit

is ex parte, with no adverse interrogatories.
Depuis, fr. Since.

Deputy. An agent authorized to do certain acts in the name of another.
Deralgn, deregn; derationare, I,; desrener, fr. To prove; to die-
prove; to refute; to refuse.
Derechief, derchef, fr. Moreover; again.
Derelict Left; deserted; abandoned; see Abandgnmbnt.

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162 DERIVATIVA POTESTAS— DEVASTAVIT

Derivativa potestas non potest esse major primatiTay ). A deriyed

power cannot exceed the original. Derivative: see Conyetancb.
Demier ressort, fr. The last resorts.
Derogation. The partial abrogation of a law.
Des, fr. From; of. Desmaintenant: from now. Desonnes: from

now henceforward.
Desafuero, span. A violent action against the law or reason.
Descend. To vest by succession; see 128 Mass, 40.
Descender, fr. To descend; see Fobmedon.
Descensus tollit intrationem, I. A descent (cast) tolls the entry.
Descent. Succession to an estate by inheritance, or by act of law, as

distinguished from purchase; see Rch. El, L. Beo, ed,, § US, Descent

cast was where the heir of an abator, disseisor, or intruder took the

estate by inheritance from him; in which case the rightful owner

could no longer perfect his estate by mere entry, but was driven to

his right of action.
Descriptio persons, I, Description of the person.
Desigiufctio unius est ezclusio alterius, {. The special mention of one

is [implies] the exclusion of the other.
Deslinde, span. Finding and indicating boundaries.
Desmemoiialdos, span. Persons without memory.
Desoubs, dessous, desoutli, /r. Under; underneath; below.
Desperate. Hopeless.
Pespittts. A contemptible person.
Desrenable. Unreasonable.
Desuetude. Disuse.
Desus, dessus, fr. Above.
Detainer. 1. The keeping of a person against his will, or withholding

property or land from another. 2. A process for the commencement

of an action against a person already in custody.
Determinable. A possibility of coming to an end by the happening of

a contingency.
Determinate. Ascertained; that which is designated.
Determine. To cease; to end, in the happening of a contingency, as

distinguished from expire, to end by natural limitation.
Detinet, {. He detains; see Debent; Replevin; Cepit.
Detinue, I, An old real action for the specific recovery of a personal

chattel unlawfully detained; see S El. Com, 151; Rch, El, L, Rev. ed.,

§ ess.

Deus solus hasredem facere potest, non homo, {. God alone can make
an heir, not man.

Devant, fr. Before. Devant le roy: before the King.

Devastavit, devastaverunt, {. (He or they have wasted.) The waste
or misapplication of the assets of a decedent by the executor or ad-
ministrator. On return of devagtavU, a judgment ddi>tor may sue out
execution de bonis propriis against the executor.

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DEVENIO VEOTER HOMO— DIES 163

Deyenio Tester homo, I. (I become your man.) Words used in doing
homage. Deyenit: comes or falls to. Deyenemnt (th^ fell to):
an old writ which directed the escheator to inquire what lands held
in capiU fell to the King by the death of the tenant, and of the heir
while under age.

Dever, deyver, /r. To owe. Deit: he owes.

Devest. To take away; to deprive of.

Devier, devyer, /r. To die. Devi, devie, etc. : dies.

Devisavit vel non ? I. (Did he devise or not?) An issue directed by a
court of equity in a court of law to try the validity of a will; see 167
Pa. 465.

Devise. A gift of real property by will; eee2Bl.Com.S7S. Ezecatoiy
devise: see ExEctrroRY.

Devisee. One to whom a devise has been made.

Devisor. One who devises real property.

Devoir. Duties and customs.

Devolution. A forfeitiure which transfers a right and power from one
person to another.

Devolve. To pass from a dying to a living person.

Di colonna, iUd. The contract between the owner, master, and mariners
of a ship when all share the profits of the voyage; as in whaling or
fishing voyages in New England.

Diet, dit, etc., Jr. Said; a saying.

Dictate. To pronounce word by word what is to be written by another;
see 6 Man. n. s. {La.) 143.

Dictores. Arbitrators.

Dictum, jd. dicta. A saying or remark. Obiter dictum: a remark
thrown out by the way; an assertion of law not necessaiy to the de-
cision of the case.

Diem clausit extremum, {. 1. An old writ l3ring for the heir on the
death of a tenant in cajrite directed to the King's escheators, to ascer-
tain of what lands he died seised and reclaim them into the King's
hands until such time as the heir should be of age. 2. An old writ of
Extent, q. v., issuing from the Exchequer on the death of a Crown
debtor, directing the sheriff to seise his chattels, debts, and land
into the hands of the Crown.

Dies, I. A day. Dies amoris: a day of indulgence; eee Dat of Grace.
Dies a quo: the day from which; ad quem, to which. Dies communes
in banco: common days in bank; eee Day. Dies inceptus pro com-
pleto habetur: a day begim is taken as completed. Dies datus: a
day given [to proceed]; see Continuance; prece partimn, on the
prayer of the parties. Dies dominicus: the Lord's day. Dies do-
minicus non est juridicus: Sunday is not a court day. Dies gratis:
a day of grace. Dies interpellat pro homine: the day makes demand
for tlxe man. When the fulfilment of an obligation is due on a certain
day, the occurrence of the day is of itself deemed sufideat demand on

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164 DIETA— DISCLAIMER

the part of the creditor. Dies juiidictts: a court day; a day for legal

purposes. Dies legitimus (a lawful day) : a term day. Dies non (for

dies non juridicos): not a court day. Dies utiles: available days;

days on which an act might be done.
DietEy L A day's journey, twenty miles; a day's work.
Dieu et men droit, fr. God and my right. Dieu son acte: the act of

God.
Digesta, l.^ digests, abb. dig. The Pandects of Justinian; a compilation

orderly arranged.
Dignity. An honor; a title; a species of incorporeal hereditament.
Dilacion, span. The time granted to litigating parties in which to

answer a demand or prove some fact in dispute.
Dilapidation. Ecclesiastical waste; waste committed or permitted on

the lands or buildings of a church living; see S Bl. Com, 91.
Dilationes in lege stmt odiosae, {. Delays in law are odious.
Dilatory plea. A plea which tends to delay the action, or abate this

particular action without impeaching the right or denying the injury;

see Rob, El. L. Rev, ed., § SOI; Abatement; Jurisdiction; Plba.
Diligence. In Scotch law, a process of execution for ddi>t.
Dillonques, fr. From thence; after that time.
Dimidium, I, Half; an undivided half.
Diminution of the record. In proceedings for the reversal of judgment,

if the whole record be not certified or not truly certified to the supe-
rior court, the party suing out the writ of error may allege diminution

and have the whole record brought up on certiorari; seel 8, & R, 472.
Dimisi, I. I have demised; see Demisi. Dimisi, concessi, et ad flmuun

tradidi: I have demised, granted, and to farm let.
Dimittere, I, To send away, release, or let go.
Diocese. The see of a bishop; see 1 Bl. Com, 111. Diocesan court: see

Court, 80.
Diplomatic agent An officer commissioned to transact affairs of the

government to which he belongs, in a foreign countly.
Dipsomania. A mental disease manifesting an imcontrollable desire

for intoxicants; see 19 Neb, 61 4»
Dirunent impediments. Actual bars to marriage, which make it null

a6 initioy though consummated.
Disability. Legal incapacity or inability to do an act.
Disaffirmance. The repudiation of a voidable contract by one who

entered into it. It may be express or impHed; see Harr, CorU,,

i621.
Disafforest. See Deafforest.
Disbar. To expel a barrister from the bar.

Disceptio causA, I. The argtunent of a cause by opposing counsel.
Discharge. Setting free; acquittance; see Charge; Plea.
Disclaimer. A denial; an abandonment; a waiver of a claim; a refusal to

accept an estate or trust. A disclaimer of tenure, made by a tenant

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DISCONTINUANCE— DISTINCTE ET APERTE 165

in a suit for rent or services, forfeited his estate. In equity pleading,
an abandonment of all claim to the subject of the plaintiff's demand;
see Rob, El. L. Rev, ed., § S71.

Discontinuance. 1. The grant by a tenant in tail of a larger estate
than he was entitled to, whereby the heir or reversioner was driven to
his right of action and could not enter; a species of ouster, q, v, 2. Of
plea, when all parts of a pleading are not answered. If the plaintiff
failed to take judgment by nil dicit for such part as was unanswered,
it was a discontinuance of the action. 3. Of process or action, when
the plaintiff failed to take some necessary step for continuing the
action. Actions are frequently ended by voluntarily entering a dis-
continuance and paying costs; see 3 BL Com. S96.

Discontinuous servitude. One which is m^e up of repeated acts of
man, such as that of drawing water.

DiscoOperta, I., discovert Uncovered; unprotected; unmarried.

Discovery. Evidence given by the defendant in equity imder oath in
answer to the plaintiff's bill; see Rob, El, L, Rev, ed., § 366; Bill, 1. 4.

Discretio est discemere per legem quid sit justum, I, Discretion is to
determine what is just by the law.

Discretionary trust. One which can be administered only with discretion,
prudence, and judgment.

Disentailing deed. A deed by which a tenant in tail is enabled in Eng-
land to alienate his estate absolutely. It must be enrolled within six
months after execution.

Disgavel. To free lands from the custom of gavelkind, q, v.

Disherison. Depriving one of an inheritance.

Dishonor. To refuse to accept or pay a bill or note on presentation.

Disjunction, I, Separately; severally.

Disjunctive allegations. Separated or disjomed charges, so as to leave
uncertain the charge relied upon.

Dismes, dtmes, fr. Tithes; see DsaMAL.

Disorderly house. One in which the inmates become a nuisance by
being bawdy and lewd, indulging in gaming, or the like; see Ifk)
Mass, 366,

Disparagement An unequal alliance; an injury by inequality, or unsuit-
ableness.

Dispone, so. To grant; to convey.

Dispose. A comprehensive word indicating direction of ownership.

Disputatio fori. An argument before the court.

Dispute. A fact is in dispute when reasonably alleged by one party and
reasonably denied by the other; see 19 Pa. 494-

Disseisee. One who is wrongfully dispossessed of lands.

Disseisin. Wrongfully putting a man out of possession of a freehold;
a kind of ouster, q. v. ; see Rob, El. L. Rev. ed., $ 210.

Disseisor. One who wrongfully dispossesses another of lands.

Distincte et aperte, I. Distinctly and openly.

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166 DISTRACTED PEBfiON— DIVISA

Distracted person. A statutory term for an insane person.

Distrain. To take another's property in satisfaction of an injury or
claim; or in pledge, to enforce the performance by him of some duty;
see Distress.

Distress. The act of distraining; usually to enforce the payment of
rent in taxes, or to enforce compensation for damage done by the
trespassmg of cattle; see Rob, El. L. Rev. ed., | S4^. Distress infinite:
a distress unlimited as to quantity, which may be repeated from time
to time until satisfaction is made.

Distribution. The division of the personal property of an intestate
among his next of kin. In England, the Statutes of DistribtttiooB are
the 22 & 23 Car. II. c. 10, and the 29 Car. II. c. 3.

District Courts. See CouRr, 106, 112.

Districtio, L A distress; the right of distress; the thing distrained.

Districtus, {. A distress; a district.

Distringas, l. (That you distrain.) 1. A writ directing the sheriff of
the county to distrain a defendant's goods, in order to enforce his ap-
pearance. 2. A writ to enforce a judgm^t for the plaintiff in detinue
by repeated distresses. 3. An old writ of the King's Bench command-
ing the sheriff to bring in the bodies of those jurors who did not appear,
or distrain their lands and goods; see 3 Bl. Com, 280, 4. A process in
equity against a body corporate refusing to obey the summons of the
court. 5. Anorderof the Court of Chancery in favor of a party claim-
ing to be interested in Bank of England stock, directing the bank not
to transfer or pay dividends. Distringas nuper vice comitem (that you
distrain the late sheriff) ; a writ to distrain the goods of a sheriff now
out of office for non-performance of a duty while in office.

Disturbance. Interference with the enjoyment of some incorporeal
hereditament; see 3 BL Com. 236,

Dit, ditz, etc., Jr, Said; a word, or decree.

Dites ouster. Say over; the form of awarding a respondeai ouster , q. v.

Dittay, sc. The matter or charge of an indictment or criminal infor-
mation.

Diversis diebus et vidbus, I. At different days and times.

Diversity. A plea by a prisoner in bar of execution, that he is not the
same person who was convicted or attainted; upon which a jury was
formally impanelled to try his identity.

Diverso intuitu, I, With a different purpose; by a different process; in
another view; see 4 Kentj 211 (6).

Divest. An estate, vested in a man or his heirs, may become divested,
or cease to be so vested, by conveyance, forfeiture, determination by
the terms of the grant, or the order of the court.

Divinatio, non interpretatio est, quse omnino recedit a liters, I. That is
guessing, not interpretation, which altogether departs from the letter.

Divine service. See Tbnttrb.

Divisa, L A division; a boundary.

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DIVISIM— DOMBEC 167

Divisiin, L Severally; separately.

Divisum imperium, I, A divided empire; a jurifldiction shared by two
tribunals; see 1 Kent, 366,

Divorce, divortittm, L The legal separation of husband and wife, by
decree of court. Divorce a vinculo matrimonii (from the tie of mar-
riage) : absolute divorce, where the wife has no dower and the parties
can marry again. If for a cause existing prior to marriage, the chil-
dren are bastards. Divorce a mensa et thoro (from bed and board) :
a legal separation, but the parties may not marry again; eee Rob. El,
L. Rev, ed., $ 173. There are various kinds of these divorces under
modem statutes, frequently called absolttte and limited divorce re-
spectively, or total and partiaL

Divorce courts. See Coubtb, 25, 52.

Do,<. I give; seeDsDi. Do, lego: I give and bequeath. Doutdes: I
give that you may give. Do ut facias: I give that you may do. Words
descriptive, in the civil law, of different kinds of contracts; see Facio.

Doarimn, dotarimn, etc., {. Dower, q. v.

Dockage. The sum charged for use of a dock.

Docket. An entry, brief, or abstract in writing; the book containing
such entries. Striking a docket: the entry (in England) of a peti-
tioning creditor's affidavit and bond.

Doctors' Commons. A place, near St. Paul's churchyard, where the
ecclesiastical and admiralty courts used to be held; courts and offices
of the doctors of law who had received a degree from Oxford or Cam-
bridge, and been admitted to practice as advocates. They formed a
ooUegBi of which the Dean of the Arches was President; see Coubt,
82,90.

Docament Any written instrument that might be used to prove a
fact; see 12 R. /. 99.

Dole. A part or portion of a thing.

Doli capax, I. Capable of malice; a term applied to a child between
the ages of seven and fourteen, who has sufficient understanding to
be criminally responsible for his actions, contrary to the ordinary
presumption. Doli incapax: incapable of malice; see Malftia.

Dolo, apan. Same as DcluSf q. v.

Dolus, I. Fraud; malice. Dolus malus: evil design. Dolus aoctoris
non nocet successori, nisi in causa lucrativa: the fraud of the author
does not affect the successor [except] when he acquires by a lucra-
tive title [gratuitously]. Dolus drcuitu non puigatur: fraud is not
purged by circuity [the taint is not removed by elaborate device,
which makes the fraud remote]. Dolus versatur in generalibus: a
person acting with fraudulent intent deals in general terms.

Dom. proc., I. For Domus procerum, the House of Lords.

Domain. The right of disposal; dominion; possession.

Dombec, domboc, MIX. A code of laws; the Dome-book, a code of laws
and precedents compiled under King Alfred.

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168 DOME— DONATOR

Dome, doom, sax. Judgment; sentence. Domesday-book: an ancient
survey or inquisition of all the lands in England, taken under William
the Conqueror, and preserved in the Exchequer; see S Bl, Com. 49;
COUBT, 11.

Domesmen. Inferior judges, as in a manor court.

Domidl. One's true, fixed, and permanent home and principal estab-
lishment, and to which when absent he intends to return; see 74 lU,
SIS; 6 Mete, 187,

Domidl of origiiu The place of a man's birth.

Dominant tenement. That which enjoys a servitude, distinct from the
servient tenement, which suffers it.

Dominicum, I, A demesne, q, v.; the demesne lands; a lordship, or
seigniory; the estate of a free tenant; a church.

Dominium, I, Ownership; property. Dominium directum: legal owner-
ship; the ownership of a superior lord, as distinguished from
that of a vassal; allodial ownership. Dominium utile: equitable or
beneficial ownership. Dominium plenum: full ownership, the union
of dominium directum with dominium utUe. Dominium eminens:
eminent domain. Dominium non potest esse in pendenti : the owner-
ship cannot be in abeyance.

Dominus, L Lord; master; principal. Dominus litis (the master of a
suit): the party interested; the one having control.

Domits naturae, I. Of a tame nature; domesticated.

Domus, I, A house; dwelling; home. Domus sua cuique est ttttissi-
mum refugium: a man's house is his safest refuge.

Domo repaianda, I, See De.

Don, /r., donum, pi, dona, I, A gift. Dona clandestina sunt semper
suspidosa: secret gifts are alwa3rs suspicious.

Donare, I. To give. Donari videtur quod nuUo jure cogente conceditur:
that is considered a gift which is granted under compulsion of no law.

Donatarius. One to whom something is given.

Donatio, I, A gift, grant, or donation. Donatio causa mortis (a gift by
reason of death) : a gift of personal property made by a person about
to die, and which is valid only in the event of his death, coupled with
manual or s3rmbolical delivery to the donee, or some person for him;
eee $ Bl, Com. 514; 51 Pa. $45, Donatio inter vivos: a gift between
living persons; see IB Kent, 439. Donatio propter nuptias: a gift in
consideration of marriage. Donatio non prssumitur: a gift is not
presumed [it is not presumed that a gift was intended]. Donatio pei^
fldtur possessione aedpientis: a gift is perfected by the possession
of the person receiving. Donatio velata: a veiled gift, a gift which
pretends to be something else.

Donative. See Advowbon.

Donator nunquam desinit possidere, antequam donatorius indpiat pos-
sidere, {. The donor never ceases to possess until the donee begins to
possess.

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DONE-DOWER 169

Done, doiin» /r. A gift. Done, grant et render: <ee Finb.

Donee, I. Until; while.

Donor. Properly, a grantor of an estate tail. A grantor generally. Tlie
party conferring a power. Donee: a grantee; the party exercising a
power; the appointgr, q, v. ; see 4 Kent, S16.

Donque, done, dunques, etc., fr. Then.

Dont, fr. Whereof; whence; whereby.

Dontun, I. A gift.

Doresnavant, fr. From henceforth.

Dormant Sleeping; not known; silent.

Dormant partners. Partners who have no power in the firm, in which
their names do not appear, but who partake of the profits.

Dorminnt aliqnando leges, nunquam moriuntor, I. The laws sometimes
sleep, but never die.

Dos, 2., dot, /r. 1. A dowry; a woman's marriage portion. 2. Dower.
Dos de dote peti non debet: dower ought not to be claimed of dower.
Dos rationabilis: reasonable dower; see 2 Bl, Com. 134; Doweb.
Doti lez favet; premium pudoris est, ideo parcator: the law favors
dower; it is the reward of modesty, therefore it should be spared.
Dote asirignanda, etc.; see De.

Dot. Dotal property. A dowry which a woman brings to her husband
at marriage; see 6 Mart. n. s. {La.) 4^0.

Dotage. Feebleness of the mental faculties which proceeds from old
age.

Dote, span. Same as Dor, q. v.

Double bond. In Scotch law, a bond with a penalty. Double costs: the
ordinary single costs of a suit, and one half that amount in addition.
Double damages: twice the actual damages, as assessed by the jury.
Double fine: a fine sur done grant el render. Double plea: a plea
which sets up more than one defence. Double voucher: a voucher
over; see Rscovbbt. Double waste: where a tenant suffers a house
to fall out of repair and then cuts timber on the estate to repair it.

Dowager. An endowed widow; one who has a jointure.

Dower. The life estate which the widow has in her husband's lands on
his death; usually one third part of any lands of which he was seised
in an estate of inheritance at any time during the marriage, if the
husband's estate in such lands was such that the conmion issue might
have inherited. Dower ad ostium ecclesise, I. (at the church door), was
anciently where the husband specifically endowed his wife with certain
of his own lands; or of his father's lands, Dower ex assensu patris:
see 2 Bl. Com. 132, If this was not done, she was assigned her Reason-
able dower, Dos rationabilis, 2., Dower by the common law, a third
part of the husband's land. Dower by custom: varied in amount ac-
cording to local usage. Dower de la pluis belle, fr. (of the fairest
part): where the wife was endowed of socage lands held by her as
guardian. Writ of dower or Writ of right of dower: an old real action

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170 DOWRESS-DUM

lying for a widow against a tenant who had deprived her of part of
Ler dower. Dower unde nihil hahet, I.: a similar writ which lay for a
widow to whom no dower had been assigned.

Dowress. A woman to whom dower is due.

Dowry. A marriage portion; property which the wife brings the hus-
band; see Dos; Dor.

Draft A term of convenience for a check, or bill of exchange; see Big.
B. N. & C. 11.

Dragoman. An interpreter in a Turkish court.

Dram. A Uquor that can intoxicate by reason of alcohol contained
therein; see 101 III. Si.

Drawback. An allowance by the government to importers on the re-
exportation of certain goods.

Drawer, drawee. See Bill, III. 4.

Droit, droicty dreit, /r. Right; justice; the law; a writ of right. Droit
droit: a double right; the right of possession united with that of
.property. Droit ne done pluia que soit demaund6: the law gives no
more than is asked. Droit ne poet pas morier: right cannot die.
Droits of Admiralty: goods found abandoned at sea; property cap-
tured in a time of war by non-commissioned vessels; the goods of the
enemy claimed by the Crown. Droit d'Aubaine: a right or preroga-
tive claimed by some European sovereigns of seizing the goods and
estate of an alien dying within their dominions. Droit close: an old
writ for a tenant in ancient demesne against the lord. Droit patent:
a writ of right patent. Droit d'eignesse: eee Esnbcy.

DroititraL Concerning right or title; see AcnoN.

Druggist One who deals in uncompounded medicinal substances; see
28 La. Ann. 766.

Dry exchange. A term invented to disguise usury. Dry ront: see Rbnt
SBOK. Dry trust: a passive trust.

Dabitatur, abb. Dab., I. It is doubted. Dabitante: doubting. Dubii
Juris* L: of doubtful law.

Duces tecum, I. (Bring with you.) A term applied to writs where a
party summoned to appear in court is required to bring with him
some evidence, or something that the court wishes to view; see Sub-
POBNA. Duces tecum licet languidtts: an old writ ordering the sheriff
to bring the prisoner to court despite his illness.

Duchy Court of Lancaster. See Court, 69.

DucUng-stooL See Common Scold.

Due-bilL A written acknowledgment of debt without a promise to pay.
Dae caro: reasonable care considering all circumstances of the case;
see 10 Alien, 6S2, Due process of law: law administered in regular
course through courts of justice; see IS N. Y. S78; 110 U. S. 516.

Dam, I. While. Dum f ervet opus (while the work glows) : in the heat
of action. Dum fuit in prisona (while he was in prison) : an old writ
of entry to recover lands which a man had aliened under duress. Dam

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DUMMODO— EARNEST 171

fait Infra artatem (while he was under age) : a similar writ to recover
lands aliened when an infant. So dtim fuit non compos mentis: a
writ to recover lands aUened while he was of imsound mind. Dtun
recens fuit maleflctum: while the offence was fresh. Dum se bene
gesserit: while he conduct himself well [during good behavior]. Dum
aoU: while unmarried. Dum sola et casta vizerit: while she live
single and chaste.

Dummodo, L Provided that. Dummodo constat de persona: so that
it be clear as to the person mesnt.

Dungeon* A prison cell underground.

Dunnage. Protective pieces of wood so placed that the cargo of a vessel
will be protected from leakage.

Duo non possunt in aolido unam rem poaaidere, I. Two cannot possess
the same thing in entirety.

Duodedma manusi <. (Twelfth hand.) The oath of twelve men.

Duplex querela, l. (Double complaint.) A kind of appeal, in an eccle-
siastical court, from the ordinary to his superior. Duplex valor mari-
tagii: double the value of the marriage; see Mabbiagb.

Duplicatum jus, L A double right.

Duplicity. The fault of pleading a double plea, q. v, ; 8ee Perry C. L. PL
SOS.

Dunmte, I. During. Durante absentia, benepladto, itinere, furore,
minore state, viduitate, vita, etc.: during absence, good pleasure, the
journey, insanity, minority, widowhood, life, etc.

Dureas. Restraint of the person or fear of personal injury or imprison-
ment.

Doreaa per minaa, Z. Constraint by threats.

Duitaam, Courts of Coonty Palatine of • iSee Court, 70.

Dusty foot, Court of. The Court of Pipowders; aee Court, 36.

Dwelling houae. A building inhabited by man; see May Cr. L., § 261
et eeq.

Dying witibout issue. At conmion law a person is said to die without
issue if his issue fail at any time after or before his death. By statute,
and in wills, the words are construed according to their popular mean-
ing, dying without issue at the tinoe of decease.

Dynasty. A succession of Idn^i in the same family.

Dyanomy. Bad legislation.

E

B. g., abb. for BxempU gratia.

£, ex, l. From; out of; see Ex. £ converao: oonveisely. E contra:

on the other hand. £ mera gratia: of mere favor.
Ba intentione, {. With that intent.
Baxneat The payment of money to bind the bargain, the delivery and

•ooeptanoe of which concludes the contract.

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172 EARNINGS— BINS

Earnings* A wider term than " wages "; aee US Maaa. lOS,
Easement A right, without a profit, enjoyed by an owner of land over

land held by another; not an estate or interest in the land itself; sm

Rob. El L. Rev. ed., § S7.
Easter term. In England, begins on the 15th of April and ends on the

8th of May.
East Greenwich. A royal manor in Kent; mentioned in grants by the

King as descriptive of the tenure of free socage.
Bat inde sine die, I. Let him go thenoe without day, words used in

recording judgment for the plaintiff; see Datb.
Eau, eawe, ewe, etc., fr. Water.
Eberemord, 8ax. Open killing; aJbere tntarder.
Ecce, L Behold; look.
Ecdesia, I. A church; a parsonage. Bcdesia ecdesiA decimas soltrm

non debet: the church ought not to pay tithes to the church. Bocle-

sia non moritur: the church does not die.
Ecclesiastical corporations, courts. See Corporations; Coitrt, 79.
Ecclesiastical law. The law administered by the English ecclesiastical

courts, now applying chiefly to church matters. It is derived largely

from the canon and dvil law.
Edict A law issued by the sovereign either f ori>idding or commanding

something.
Edittts, l. Put forth; brou^t forth; promulgated.
Educate. To provide moral, physical, and intellectual instruction; sm

106 Mass. 4i60.
E'e, /r. Abb. for estre, to be; or este, been.
Effects. A broad term sometimes passing real as well as personal prop*

erty; see 1 HiU {S. C), 155.
BflSgy. A figure or representation of a person. If made with intent to

make the subject an object of ridicule, it is a libel.
Effraction. A forcible breach.
E ff ractores, I, Burglars; housebreaken.
Bffosio sangninis, Z. The shedding of blood; a mulct therefor.
Egettefy fr. To eject. EJettement: ejectment
Egs^Ose, 6gli8e, fr. Church; a church.
Ego, talis, L I; such a one.
Egrediens et ezeuns, I. Going forth and issuing.
Egressus, I. A gcnng forth; an issue, or exit.
Ei incombit probatio qui didt, non qui negat, I The burden of proof

lies upon him who affirms, not him who denies.
Eide,/r. Aid; relief.
Eigne, eisne, aisne, etc., fr. The eldest; the first bom. Eignesse,

eineda, L: eldership; esnecy, q, v,
Eik, sc. An addition.
Einetia, I The share of the eldest son.
Ein8,/r. In; in possession. Eins ceo que: inasmuch as.

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EIRE— ELOIGN 173

JBire. See Etbe. A journey. Eirant: errant; wandering.

Eit,/r. Has.

Either. Sometimes used in sense of each; eee 59 lU, 87,

EjectioQ. A turning out of possession; see S BL Com. 199,

Ejectione flrme, custodis, etc. See Ds bjectioke; Ejectment.

Ejectment An action employed to try title to land; originating in the
old mixed action of ejectment of fano, wherein a tenant dispossessed
recovered his term and damages for the trespass. This modem action
of ejectment contained many legal fictions, such as a lease by the
real to the fictitious plaintifiF, with entry, and ouster by a fictitious
defendant called the casual ejector; see Perry C.L. PL 93,

Ejectment of ward, ejettement de garde, fr. See De ejectiomb cii»-

TODLB.

Ejectum, I, Things cast up by the sea; wreckage; see Jetsam.

Ejerdtoria, span. An action against the owner of a vessel for debts
contracted by the master in relation thereto.

Ejidos, span. Land used as a public conmion; see 16 Cal, 564,

Ejus nulla culpa est cui parere necesae sit, I. No guilt attaches to him
who has to obey.

Ejusdem generis, I, Of the same luiture. Ejuadem negotii: of the
same transaction.

Elected. Selected by vote; see 6 Nev, 121,

Electio est creditoris, debitoris, I, The creditor or debtor has the elec-
tion. Electio semel f^cta non patitur regressum: an election once
made does not admit of recaQ.

Elector. One who has a right to vote.

Eleemosyna, I, Alms. Eleemosynariua: an almoner.

Eleemosynary. Charitable; see Corporation.

Elegit, I, (He has chosen.) A writ of execution given on judgment
for debt or damages, commanding the sheriff to deliver all the de-
fendant's goods and chattels, except beasts of the plough, to the plain-
tiff; and if these were not sufficient, a moiety of the defendant's lands
to hold until the debt was satisfied. The plaintiff then had actual
possession of the lands as tenant by elegit The plaintiff had his
choice (elegit) of this writ or fieri facias, which ran against the de-
fendant's goods only; see Rob, El. L. Rev. ed., § 9iS.

Elements. Anciently used for fire, air, earth, and water. Sometimes
used in reference to wind, water, lightning, etc.

Eligible. Relates to capacity to hold, as well as legal election to an
office; see 16 Ind. S27.

Elisors. Persons appointed to name a jury, in lieu of the sheriff or
coroner, when they were objected to.

Ell. A measure of length, approximately a yard.

Elogium, I, A will.

Eloign, elongare, 2., eloigner, ft. To remove; send away. Eloign-
ment ol goods: removal out of the county of goods so they could

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174 ELOPElVfENT— EN'

not be distrained. Elongatus: eloigned. Elongavit: he hath

eloigned.
Elopement The wife's departure from her husband to dwell with ao

adulterer; seeS N,H, 4£,
Eluviones. Spring tides.

Emanare, I, To issue; award. Bmanavit: it issued.
Embargo. A proclamation of state, closing the ports of such state to

the departure of ships or goods until the embargo is removed.
Embezzlement. The fraudulent appropriation to his own use of money

or property intrusted to an agent or servant, not actually or l^^ally

in the master's possession; see 160 U. S. S68; May Cr. L., § 298;

Largbnt.
Emblements. The annual profits of sown land; such crops as are sown

anew each year; the right to gather such crops; see 64 Pa. 1S4; Rob.

El L. Rev, ed,, § 86,
Embler, fr. To sow; to steal.

Embraceor. One who acts with intent to corrupt a jury.
Embracery. The offence of corrupting, or seek^ to influence, a jury;

see Decieb tantum.
Emenda, L That which is given in satisfaction for an injury.
Emendare» L To make amends or satisfaction; to correct.
Emigrant One who quits his country for any lawful reason to settle

in another.
Emigration. The act of removing from one country to another for a

lawful reason; see 2 Kent, S4*
Eminent domain. The right of a state to use private property for public

purposes; see Dili, Mun. Corp,, § 684-
Emit To put forth.
Emolimient Any perquisite, advantage, profit, or gain arising from the

possession of an office; see 105 Pa, SOS.
Emparieri/r. To imparl. Emparlance: see Impablancb.
Emphyteusis. A species of indefinite lease for improvement; in whieh

the tenant paid rent, and had all but the nominal ownerdiip of the

land, like a fee-farm.
Emplazamiento, span. A citation by a judge for a person to appear

before his tribunal at a certain time.
Emprestito, span. A loan.
Emprompter, fr. To borrow.

Emptio et venditio, I. Purchase and sale. Emptor: a purchaser. Emp-
tor emit qnam minimo potest, venditor vendit quam mazimo potest:

the purchaser buys for as little, the seller sells for as much, as he can.
En, fr. In; into. En apres: hereafter. En ariere: in time past. En

autre droit: in another's right. En autre soile: on land of another.

En avant: in future. En banke: in the bench. En barre: in bar.

En bonne foy: in good faith. En ce: in this. Enchemin: on the

way. En certein: in certain. En chief e: in chief. Biicotte:on the

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ENABLING POWERS— ENITIA PARS 175

side; collateral. En court: in court. Bn demeure: in delay; default.
En demeyne: in demesne. En fet, fait: in fact. En gros: in gross.
Bn jugement: in court. En le merde: in mercy. Bn le per: see
Entry, wbit of. En mort meyne: in mortmain, q. v, Bn oultre:
furthermore. En owel main: in equal hand. Bn pais: in the country.
Bn plein vie: in full life. En poigne: in hand. Bn prender, render:
Mt Prbndbb; Render. Bn primes: in the first place. Bn son damage:
in his damage; damage feasant. Bn son demeyne come de fee: in
his demesne as of fee. Bn suspence : in abeyance. Bn tesmoignance:
in testimony. Bn ventre sa mere: in its mother's womb. ^ Bn vie: in
life; alive.

BnabUng powers. An equitable power allowing a donee the right of
creating interests to take efifect out of an estate of which the donor
is owner.

BnabUng Statute. The 32 Hen. VIII. c. 28, which enabled tenants in
tail, husbands seised in right of their wives, and ecclesiastical persons
or ooiporations seised in right of their churches, to make leases for
twenty-one years, so as to bind their heirs, widows, issue, or successors.

Enact To establish by law.

Bnajenadon, span. Tlie act of transferring property; see $6 Cal, 88,

Bnbler, /r. To sow.

Bndente, /r. Pregnant.

Encheson, fr. Cause; reason; occasion.

Encroach. To take more than one's right; see Accroach.

Endorser, endosser, fr. To indorse; to write on the back.

Endorsement See Indorsement.

Endowment The assigning of dower. The setting apart a portion of
lands for the vicar's maintenance. Any permanent provioon for
collegiate, religious, or charitable purposes; see 1 Bl. Com. 387,

Enfeoff. To give in fee; to invest with an estate by feoffment.

Enfranchisement Making free; granting rights or privileges; incorpo-
rating a man into a society or body politic. Of copyhold: its conver-
sion into freehold.

Engagement, fr. A contract. A financial obligation.

Engager, fr. To pledge.

Bngin, engfaein, engyn, fr. Deceit; fraud; ill design.

Engetter, fr. To eject; cast out.

Bngleceiy, Engieshire. The proving a person slain to be an English-
man, or the fact thereof, whereby the heavy fines imposed upon the
hundred for the death of a Dane or Norman, for murdrumf were
avoided.

Bngleterre, /r. England. Bngleys: English.

Engross. To make a fair copy. To buy up all of a certain conimodity
with intent to sell at a forced price; formerly a criminal offence.

Enitia pars, I. The part of the eldest; the share chosen by the eldest
coparcener on partition of hmd, she having first choice.

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176 ENJOIN— ENVERS

Enjoin. To require or command.

Enlafge. To set at large; to release from custody; to extend; to grant
further time.

Bnkiger restate, /r. To enlaiige an estate; as when the next remainder-
man releases all his interest to the tenant; see Release.

Enlistment. The contracting to serve the government in the army or
navy in a subordinate capacity lower than a commissioned officer; see
107 Mom. 282.

Enormia^ I. Wrongful acts. Enonnis: immoderate; excessive.

Enparier, /r. To talk together; to imparle, q. v.

Enquet, enquest, /r. An inquest, or inquiry; a jury.

EnroIL To enter, record, or transcribe.

Ens, L A bdng; existence. Ens legis: a being of the law. Especially
applied to corporations.

Ensemble, /r. Together.

Ensement, /r. Also; in like manner.

Ensy, ensi, fr. Thus; so; in like manner.

Entail. To create an estate iul; see2 BL Com, US. Entailed: settled
in tail or strict settlement. The word as commonly used means the
latter.

Entendon, entente, fr. A plaintiff's count, or declaration.

Entendement, entente, fr. Understanding.

Enter, entre, fr. In; within; among. Entre mains: at hand; in his
hands.

Enterlesse, fr. Left out; omitted.

Entice. To solicit; to persuade.

Entrega, epan. Delivery.

Entrepot. A warehouse.

Entry. 1. A record in writing, in a book or account. 2. The taking
possession of Iftnds by going into them. Right of entry: a right to
actually enter and take possession, thereby regaining or perfecting
an estate, without suit at law. Writ of entry: an old real action to
regain the possession of land. Writs of entry were in the quo or
qnibus when brought against the wrong-doer himself; in the per,
when against his alienee or heir; in the per and cui, when there had
been two alienations or descents; in the post, if more than two. There
were also writs of entry sur disseisin, alienation, intrusion, etc., ac-
cording to the circumstances of the case. For writs of entry ad
communem legem, ad terminum qui prsteriit, cui ante divortium,
ctti in vita, diim fuit in prisona, dum fuit infra setatem, dum fuit non
compos mentis, caso consimili, casu proviso, quare ejedt, see respec-
tive titles.

Eniimeiatio nnius est exclusio alterius, I. The enumeration of the one
is [amounts to] the exclusion of the other.

Enure. To take effect.

Envers,/r. Against.

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EO INSTANTE-EROSION 177

Eo instante, I. At that ingtant; see 1 BL Com, 196, 2^9. Eo intuitu:
with that view or intent. Eo ipso: by the thing itself. Eo nomine:
under that name.

Bod'. For eodem, Z. The same. Eodem modo quo quid oonstituitur,
dissolvitur: a thing is [may be] destroyed in the same way in which
it is created. Eodem Ugamine quo ligatum est, dissolvitur: a deed
is released by the same formalities with which it is contracted.

Bpiqueya, span. Equity.

Bpiscopus. An inspector or superintendent.
• Spistobe. Opinions by emperors given on submitted cases.

BquesyZ. A knight.

Equitable assets. The assets which a creditor can reach only through
a court of equity. Equitable assignment: assignment of a thing
not in ease. Equitable estate: one existing or cognizable originally
only at equity, as a trust or interest of a mortgagor. Equitable
mortgage: a pledge or lien arising by rules of equity, as when a loan
is made on deposit of title deeds. Equitable plea or defence : a defence
to a legal action in cases where an injunction would be granted in
equity, resting on equitable grounds or doctrines. Equitable waste:
extreme or excessive waste, or injury to the inheritance, forbidden
even to a tenant without impeachment of waste; wilful destruction,
which could only be remedied by courts of equity; see Waste.

Equitatura. Necessary equipment for riding or travelling.

Equity. That system of jurisprudence administered first by the Eng-
lish Court of Chancery; a jurisdiction originally resident in the Crown
and exercised by the Chancellor. Courts of equity: see Court, 15,
109. Equity of a statute : the sound interpretation of a statute, taking
into consideration its reason and spirit. Equity of redemption: 1.
The estate of a mortgagor in mortgaged land. 2. The mortgagor's
right of redeeming after breach of conditions or foreclosure. Equity
side of the exchequer: eee Court, 11. Equity to a settlement or
wife's equity: the right which a wife has in equity to have a portion
of her equitable estate (usually one half) settled upon herself and chil-
dren. It may now be claimed by her; but was originally granted only
when the husband sued in equity for the purpose of reducing her
property into possession.

Equity of redemption. The right, in equity, of a mortgagor to redeem
after the time limited by law has passed, by pairing the debt with
interest and costs.

Equivocal. Capable of more than one construction. Having a double
sense.

Erer, arer, /r. To plough.

Ergo» I. Therefore. Ergo hie: therefore here.

Erigimus, I. We erect; words used in granting a charter.

Erosion. The gradual wearing away of the soil by action of cuxrents
or tides; see 100 N. Y. 4SS.

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178 ERRANT— BSCUAGB

Errant, /r. Wandering about; itinerant; see Etrb.

Erraticunii {. A waif; an estray.

Erronice, I, Erroneously; through mistake.

Error. An original writ which lies after judgment in an inferior court
of record to review the judgment and inquire into errors of fact, or
errors of law apparent on the record. In England, an erroneous
judgment as to fact in the K. B. may be reversed in the same court
by a writ of error coram nobisi q, v. A similar writ in the C. B. is
called coram vobis, q, v.

Error juris nocet, L An error of law injures [i. e.» the party oonmiitting
it must suffer the consequences]. Error nominis nunquam nocet, si
de identitate rei constat: an error in the name does no harm, if it be
clear as to the identity of the thing itself. Error qui non resistitur,
approbatur: an error which is not objected to is approved. Error
scribentis nocere non debet: a mistake of the scribe should work no
injury. Errore lapsus: an error through mistake; a false step.

Error, Court of. See Court, 108.

Esc«ta, L An escheat. Eacetor: the escheator; eee Ds.

Escambio, I. A license in the form of a writ to a merchant to draw for-
eign bills of exchange. Escambium: exchange.

Escape. An escape from lawful arrest or imprisonment, whether violent
or by collusion, n^^ligent or voluntary; eee 6 Mase. SIO; May Cr.
L., § 161.

Escape warrant. A warrant addressed to all the sheriffs of Eng^nd,
authorizing the arrest of a person who has escaped from imprisonment
on execution or mesne process.

Escheat. 1. The falling back of land into the hands of the lord on
failure of the blood of the tenant; which may be propter defectum
sanguinis (for failure of blood, as if the tenant died without heirs) or
propter delictum tenentis (for fault of the tenant) if he be attainted.
2. The lands so escheating. 3. Things falling; falling to the ground.
Escheat was a consequence of tenure, and happened on account of the
failure of the tenant to perform services to his lord, who might or
might not be the King, thus differing from foifeitiure, q. o.

Escheator. An officer in every county whose duty was to inquire by
sheriff's jury into escheats falling to the Crown.

Escribano, span, A public officer authorized to transcribe and verify
judicial and private acts, contracts, and proceedings.

Eschier, e8choir,/r. To fall; to happen; to escheat.

Escoce, escosse, /r. Scotland.

Escrier, /r. To proclaim. Felons escries: notorious felons.

Escript, escrit, /r. A writing; a written instrument.

Escrow. A scroll; a deed; see Deuvebt. A deed delivered to a third
person, who is to hand it to the grantee when he performs some act,
or some condition is fulfilled; see Rob, El L, Rev. ed., § ISS.

Sscuage. (Service of the shield.) A kind of knight's service whereby

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ESKETORES-ESTATE 179

the tenant was bound to follow his lord into wars at his own charge.
Later a certain money commutation was paid instead, called escuage
certain; see Scutaqe.

Bsketores. Robbers or destroyers of the lands and fortimes.of others.

Bakipper, fr., eskippare, I. To ship. Bskippamentum, L: tackle of
ships.

Eslier»/r. To choose. Eslisors: «ee Elisors.

Bsloigner, /r. To remove; eloign; adjourn.

Esnecy. The privilege of the eldest; see Enitia pass.

Bspenu The period fixed by a court within which a party is to do ceav
tain acts.

Beplees. The full profits of land, including all crops, rents, issues, and
services.

Esquire. A courteous title which is applied to officers, members of the
bar and others, but which confers no distinction in law.

Sssartom, Z., essart Woodland turned into tillage.

Esse. To be; being. In esse: in being. Essendum: being.

Essendi qtdetum de theolonio. See Ds esbendo.

Essentialia negotii» I, The essential parts of a transaction.

Bssoign, essoin. An excuse for not appearing in court in answer to
process. To cast an essoin: to essoin; to allege an excuse. Essoin day:
the first day of the term, on which the court sat to receive essoins;
see Perry C. L, PI. 146, There were several essoigns; as the essoign
de servitio regis, 2., de service del roy, /r., that the party was absent
on the King's service; de terra sancta, de terre seynte, absent in
Palestine; de ultra mare, de outre mer, absent beyond sea; de in-
firmitate or de malo lecti, de mal de lit, ill in bed; de malo veniendi,
de mal de venue, that he had met with an accident in coming.

Est, Z., /r. It is; there is. Est k s^avoir: it is to be understood; to wit.
Est boni judids ampliare jurisdictionem: it is [the duty] of a good
judge to enlarge [construe liberally] his jurisdiction.

Estadal, span. A measure of land of about sixteen square yards.

Estadia, span. The time for which demurrage must be paid for delay
in receiving a cargo according to a contract.

Estate. 1. An interest in land. 2. Property in general. 3. Siattis,
or condition of life. Estate in common, coparcenary; by curtesy,
dower, elegit; executory, equitable, legal; in fee; of joint tenancy;
on condition; see those titles. Estate for life: a freehold interest, not
of inheritance, which a man has for his own life, or for the life of an-
other or others. If the latter, it is an estate pur auter vie. Estate
in possession: where there is a right of present entry and enjoyment.
Estate in remainder, reversion, severalty: see those titles. Estates
of the realm: in England, the lords spiritual, the lords temporal, and
the commons. Estate by statute merchant, statute staple, estate
tail, tail special, etc.; see those titles. Estate for year:: an interest,
less than a freehold, for a fixed or determinable time; see t Bh Com,

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180 ESTER IN JUGEMENT— ET

140, Estate at win: an interests leas ihan frediold, wluch may be
ended at the will of the lessor; see 2 BL Com, 14B; 4 Kent, 110, Es-
tate at sufferance: where a tenant is allowed to hold over after his
term; Me 2 Bl, Com, 160; S9 Mo, 177. Estate from year to year: a
lease for a year, which, unless terminated by the lessor or lessee, will
arise anew by implication, at the end of the year, for another year.
Estate in vadio: in gage or pledge.

Ester in jugement, fr. To appear in court as a party.

Este, fr, 1. Summer. 2. Been; from ester, etre, to be.

Estimate. An e3cpresBion of calculation in the mind of the speaker or
writer on the subject under consideration; see S7 Htm, BOS.

Esto, {. Be it. Este perpetoa: be it eternal.

Estop. To stop; bar; prevent; impede; preclude.

Estoppel. An impediment, by which a man is precluded in law from
alleging or denying a fact, in consequence of his own previous action,
inaction, allegation, or denial; see S Bl, Com, 808; Rob, El, L, Rev, ed,,
i 282, An estoppel by deed is where it arises from a recital or state-
ment contained in a previous deed of the party estopped; see 10 Cush.
168; in pais (in the country), when it arises from an open act, or a
verbal representation or declaration upon which another has acted;
see 6 DeniOf 164, Estoppel by record is where it arises from an admis-
sion of the party made in the record of a court, in pleading or other-
wise; or from a judgment against the party or some one to whom he
is privy in blood, law, or estate; see 101 U, S, 670; Res judicata.
C<dlateral estoppel: the collateral determination of a question by a
court having general jurisdiction of the subject; see Puba.

Estoverium, I,, estovers. 1. An allowance made to a person out of an
estate, whether of money or other things; a bote, q. v,; see 2 Bl,
Com. 86. 2, An allowance made to a man arrested for felony for
the support of his family. 3. The alimony allowed a wife divorced
a mensa et thoio. Estoveriis habendis: see Db.

Estray. A wandering domestic animal; see 18 Pick, 426.

Estre, fr. To be. Del bien estre: see Ds benb bssb.

Estreat A copy or extract from a record. A forfeited recognisance
estreated [extracted] from the records to be prosecuted; see 4 Bl, Com.
268,

Estrepe. To strip; lay bare; waste. Estrepamentam, {., estrepement:
an aggravated waste, to the injury of the reversioner; especially
when committed during a suit to recover possession. The writ of
estrepement was formerly auxiliary to a real action, and sought to
prevent strip during the pendency thereof; now superseded by an
injunction in chancery.

Et, I, And. £t al., et alii: and others. Et alii e contra (and others on
the other side): words used to describe a joinder of issue. Et ad-
joumator: and it is adjourned. Et ad hue detinet: and he still de-
tains. Et allocator: and it is allowed. Et curia consentiante: and

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ET— EX 181

the court agreeiiig. Bt de hoc ponit se super patriam: and of this he
puts himself upon the country. £t ei legitur in hflec verha: and it is
read to him in these words [when a prayer for oyer is allowed]. Et
haheaa ibi tunc hoc breve: and have you then there this writ. Et
habuit: and he had [obtained] it. Et hoc paratus est yerificare: and
this he is ready to verify. Et hoc petit quod inquiratur per partriam:
and this he prays may be inquired of by the country. Et inde petit
judicium: and thereof he prays judgment. Et inde produdt sectam:
and thereupon he brings suit. Et modo ad hunc diem: and now at
this day. Et non: and not; absque hoc, Et non allocator: and it is
not allowed. Et petit auzilium: and he prays aid. Et prsedictus A.
similiter: and the said A. likewise. Et sic: and so. Et semble: and
it seems. Et sic adjudidum: and so to judgment. Et sic ad patriam:
and so to the country. Et sic f edt : and he did so. Et sic pendet : and
so the matter rests. Et uxor: and wife.

Et, /r. And. Et de ceo se mettent en le pays: and of this they put
themselves on the country. Et issint: and so.

Et cetera, L And other things; and others; we S9 UuUy 576,

Bundo, morando, et redeundo. In going, staying, and returning.

Eunomy. Equal laws and a well-adjusted constitution.

Svasio, I, An escape, 9. 0.

Event The condusion of an act or series of operations. The final
circumstance.

Eyesque, /r. A bishop. Evesche: his diocese.

Eviction. Dispossession by process of law; recovery of lands; ouster;
a notice to quit.

Evidence. All the means by which any alleged matter of fact, the
truth of which is submitted to investigation, is established or dis-
proved; Me 1 Gr. Ev.j § 1 . Cumulative evidence : that which furnishes
additional proof of what has already been established; see t4 Pick,
B96. Direct evidence: that means of proof which tends to show the
existence of a fact in question, without the intervention of the proof
of any other fact. Real evidence: evidence submitted to the eyes
of the court by production of the thing itself in dispute.

Ewe, /r. Water.

Ez, I, From; of; out of; by or with; according to. Ez abundanti
cautela: from excessive caution. Bz abuso non arguitur ad usnm:
from the abuse of a thing you cannot argue as to its use. Ez adverse :
on the other side. Ez sequitate : in equity. Ez aequo et bono : accord-
ing to what is just and good. Ez assenstt patris: from the father's
consent; see Doweb. Ez antecedentibus et conseqoentlbus fit
optima interpretatio: the best interpretation is made by means of
what precedes and follows. Ex arbitrio judlds: from the discretion
of the judge. Ex auditu: from hearsay. Ex bonis: of the goods. Bz
bonis matemis, patemis: from the goods inherited through the
mother, the father. Bz capite doll or fraudis: on the ground of fraud.

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182 EX

Bx causa: from cauae; by title. Bx causa lucnttiTa: by a lucrative
title [gratuitously]. Ez certa sdantia: of certain knowledge. Ez
comitate: by comity, or courtesy. Ez commodate: from a loan. £z
comiwratione scriptorum: by comparison of handwritings. Ez conr
cessione: by grant. Ez concesais: from the granted [premises]. Ez
consultu: from consultation. Ezcontinenti: immediately. Ez con-
tractu: from contract. Ez culpa levissima: from the slightest fault.
Ez debito justitiA (from a debt of justice) : as a matter of right. Ez
debito naturali: from natural obligations. Ez defectu juris: for a
defect in right. Ez defectu sanguinis: for a fsiluro of blood. Ez
delicto: from fault or crime. Ez dem., demissione: on the demise.
Ez dicto majoris partis: according to the voice of the majority. Ez
directo: inmiediately. Ez diumitate temporia, omnia praesumuntur
solemniter esse acta: on account of the lapse of time, all things are
presumed to have been done in due form. Ez dolo malo, non oritur
actio: out of fraud, no action arises. Ez empto: from purohase. Ez
eo quod plerumque fit: from that which frequently happens. Ez
fade: on the face. Ez facto: from an act; actual. Ez facto jus oritur:
the law (arises) depends on the fact. Ez fictions juris: by a fiction
of law. Ez gratia: by favor. Ez gravi querela (on grievous com-
plaint) : an old ¥nit that lay for one to whom lands were devised by
special custom by will, and the heir retained them. Ez hypothesi:
according to the hypothesiB. Ez improviso: without preparation.
Ez incontinenti: summarily. Ez industria: with design; on purpose.
Ez insinuations: on the information [of]. Ez Integra: anew; afresh.
Ez intervallo : after an interval. Ez jure natures : by the law of nature.
Ez justa causa: by a just cause. Ez latere: on the side; collateral.
Ez lege, legibus: according to law. Ez licentia regis: by the King's
license. Ez locato: from a letting; a hiring. Ez malefido non oritur
contractus: from misconduct no contract can arise. Ez mero motu:
of mere motion. Ez mora debitoris: on account of the debtor's de-
lay. Ez more: according to custom. Ez natura rei: from the nature
of the thing. Ez necessitate: by necessity; legis, of law. Ez nudo
pacto non oritur actio: from a baro agreement [parol and without
consideration] no action arises. Ez offido: by virtue of office. Ez
pacto illidto non oritur actio: from an illegal agreement no action
arises. Ez parte: 1. From, of, or by one side, or one party; hence,
partial, done for or by one party. 2. On the apptication of. Ez parte
matema, patema: on the mother's, father's side. Ez pauds: from few
(things or words). Ez post facto: by matter happening afterwards;
from a later act or event. Ez post facto law: an act or statute chang-
ing the law as to previous events or contracts; see Rob. El. L. Rev, ed.,
§ 19. Ez prscogitata malitia : of malice aforethought. Ez prsemisses:
from the premises. Ez propria motu: of his own accord. Ez proprio
vigors: of their own force. Ez provisions viri: lands settled on the
wife in tail by provision of the husband; or on both husband and wife,

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EXACTION— EXCUSSIO 183

by his ancestor. Bx quasi contractu : arising as if from a contract. Ez
reL» relatione: on the relation, or information. £z rigore juris: accord-
ing to the rigor of law. ExscriptisoUmvisis: from ¥nitings formerly
seen. Ez spedali gratia: of special favor. Ez tempore: by lapse of
time; without preparation. Ezte8tamento:by awiU. Eztransyerso:
across. Ez turpi causa non oritur actio: on a bad [illegal] considerar
tion no action can arise. Ez tma parte: from one side. Ez utraque
parte: on both sides. Ez vi aut metu: by force or fear. Ez visitft-
tione Dei: by the visitation of God. Ez visu scriptionis: from sight
of the writing [from having seen the person write]. Ez vi termini: by
the force of the term.

Ezaction. The collection of a fee by an officer, where none is due, or
more thitn is due.

Ezamined copy. See Ck>PT.

Ezcambium, I Ezchange; exchange of lands; see Exchanob.

Ezceptio, L An exception; a plea; a defence; an objection; a contra-
dictory allegation. Ezceptio ad breve prostemendum: a plea in
abatement. Ezceptio doli mali: a plea of fraud. Ezceptio ejus rei
cujus petitur dissolutio nulla est: a plea of the same matter the dis-
solution of which is sought [in the action] is of no efifect. Ezceptio
flrmat regulum in casibus non ezceptis: the exception strengthens
the rule in cases not excepted. Exceptio rei adjudicatSB: a plea that
the matter has been previously adjudged. Exceptio semper ultima
ponenda est: an exception should always be placed last.

Exceptions, Bill of. See Bill, I. 5.

Excessive bail. Prohibited by constitutions when disproportionate to
the offence; see 53 Cal. 410.

Exchange. An original common-law conveyance for the reciprocal
transfer of landed interests of the same degree. So, when the war-
rantor was to give the warrantee lands of equal value with those of
which he has been dispossessed.

Exchequer. In England, the revenue department; see S BL Com, U;
also, the Court of Exchequer; see Court, 11, 95.

Exchequer Chamber. See Court, 12. Exchequer Division: see Court,
24.

Excise. An inland tax; see 1 BL Com, 318,

Excommengement, /r. Excommunication.

Excusable homicide. That which involves so little fault that the law
excuses it from the guilt of felony. It includes homicide per infor-
tunium, by accident in doing a lawful act, and se def endendo, in self-
defence; see Rob. El. L. Rev. ed., § SS9.

Bxcusat aut extenuat delictum in capitalibua quod non operatur idem
in dvilibtts, {. That excuses or extenuates a fault in capital cases
which would not so operate in civil.

Bxcttssio, I. Exhausting the primary debtor before proceeding agunst
thesure^.

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184 EXECUTED-EXERCITOR MARIS

Executed. Done; finifihed; effected; fully performed; accompliahed;
now existent; now in force; past; the reverse of executoxy. Executed
consideration, contract: see Considebation; Contract. Executed
estate: an estate in possession, by which a present interest passes, as
distinguished from an executoxy estate, one depending on some future
contingency. An executed trust is one fully created and exactly de-
fined; an executoxy trust is where some further instrument remains
to be executed, the author of the trust having given only his general
intent. Executed use: one created and executed by the statute
at the time of the conveyance. Executory use: a springing use; one
to arise at some future time, not dependent on a preceding estate in
the land. Executoxy devise: a devise of a future estate in land which
would not be valid by the rules of the common law.

Executio bonorum, L Administration of goods. Executio est finis et
fructus legis: execution is the end and fruit of the law. Executio
juris non habet injuriam: the execution of the law does not work a
wrong.

Execution. 1. The carr3ring into effect a judgment or decree; see S BL
Cam, 412, 2. A judicial writ issued for that purpose. 3. The com-
pletion of an instrument in such a way as to make it legally valid; see
12 Ired, 221; SO N, J, Eq, 193.

E^^ecutive. The highest official in the state or national government,
who supervises the execution of, and obedience to, the laws. One of
the three primary powers of government; see also Leqislattve;
Judicial; Cooley Const. L, p. 44,

Executor. The person named in a will to take charge of the testator's
property and carry the will into effect; see 2 Bl. Com. 60S, Executor
de son tort, fr,: one who interferes and acts as executor of kis own
wrong, without lawful authority; see 2 Bl, Com, 507; 28 N, H, 47S.

Executory. Unfinished; to be completed; futiu^; eee Exscuted.

Executoxy devise: a marking out, or limitation, of a future estate in
lands or chattels peculiar to the law of wills, and contrary to the usual
law of limitations in conveying; see 4 Kent, 27S; 2 Bl. Com. 174' Exec-
utory estate: see Executqrt Devise; Contingent Remainder.
Executory trust: one which will take its full effect only on the doing
of some further act by the author of the trust; see 7 R. I. S8S. Exec-
utory use: a springing use ramilar to an executory devise.

Exemplary. iSfee Damages.

Exemplification. A certified copy, under seal, of a record.

Exemplum, I. An example; a copy. Exempli gratia: for purpose of
example; for instance. Exempla Ulustrant non restringunt legem:
examples illustrate, but do not restrict, the law.

Exequatur, /. An order for the home department of a government to
recognize a consul or commercial agent of a foreign nation.

Exercitornukris, I. The employer of a ship; ship's husband; see S Kent,
161.

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EXFREDIARE— EXPRES8I0 FALSI 185

Bifredkfei I. To break the peace.

Ezhsredatio, I. Disherison; an injury or loss of inheritance.

S^bitaat A complainant in articles of the peace; see liS Ad, A B,
699.

Bzfaibitio bilUe, I. (The exhibition of the bill.) The commencement of
the suit.

Rzigent or ezigi fadas, L A judicial writ in process of outlawry, when
the defendant could not be found; issuing on the return nan est in-
verUua to a c&. sa,, directing the sheriff to demand the defendant at
five successive coimty courts; 8eeiSVa,Ca8,BjU, If there were not five
courts between the teste and return, an allocatar exigent was issued
to extend the time so as to make up that number. Allocato comitatu:
a new writ of exigent allowed before any county court had been
holden, the previous writ having failed. On the defendant's failure
to appear, he was outlawed; and a eajnaa tUlagatum might issue.

Exigible. That which may be exacted or demanded.

Exire, I. To go out; to issue. Bxitus: issue; offspring.

Existing. Is not limited to things of present existence, but may extend
to things of the future; see 68 lU, 117,

EideZi I. An outlaw. Exlegare: to outlaw.

Exonerare, I, To discharge, or disburden. Exoneretcir: let him be
discharged.

Exoneration. Taking off a burden or duty. Especially taking the bur-
den of payment from an intestate's real estate and applying it to hb
personfJty; see 92 Pa. 491,

Expatriation. Voluntary abandonment of one's own country to become
a dtisen or subject of another; eee X Kent, S6,

Expectancy* An estate having a present legal existence the enjoyment
of which is postponed. (On ri|^t to convey, see 40 Pa. 37.)

Expedit reipoblicfls, I. It is for the public advantage, — ne sua re quis
male utatur: that no one should make ill use of his property, — ut sit
ilnislitiiim: that there should be an end of suits.

Expeditio brevis, 2. The service of a writ.

Expense litis, I, Costs of suit.

Expire. See Dbtbrmikb.

Explees. See Esplebs.

Expose, fr. The statement of reasons or motive for doing a thing.

Exposure of the person. An intentional indecent exposure of a portion
of the human body, in a public place, to more than one person. It
must have a tendency to outrage decency, or corrupt good morals
to be indictable.

Express. Stated or made known. Opposed to " implied." Express
contract: one in which the terms are explicitly stated and not left to
implication; eee 2 Bl, Com. 443; B Kent, 460.

Expressio fslsi» I. A false statement. Bxpressio eorum qui tadte in-
sunt nihil qperatnr: the express mention 6f those things which are

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186 EXPRESSUM— EYGNB

impfied avails nothing. Ezpressio iinius est ezdnsio alterins: the
express mention of one thing is the exclusion of another.

Ezpressum fadt cessare tadtum, I. A thing expressed puts an end to
^e thing implied.

Extend. To appraise the yearly value of lands of a debtor forfeited
upon statute or recognizance, so that it may be known how long the
creditor is to retain possession to extinguish the debt.

Extendi fadas, I (That you cause to be extended.) A writ of
extent, q. v.

Extent A writ of execution upon a d^t due the Crown, or due a cred-
itor upon recognisance, statute merchant or staple, directing the
sheriff to appraise the debtor's lands and goods; they were then de-
livered to the creditor upon his suing out a Liberate, q, v.; see aUo
16 Mass, 186, Extent in chief was at suit of the Crown; extent in
aid, of a Crown debtor against his private debtor. There was also a
special writ called Diem dausit extremum.

Extennation. That which lessens the offence of, but does not excuse, a
crime or tort.

Extingniahment Destruction of a right, e. g., of common or easement
by becoming owner of the fee; of debt by recovering a judgment
thereon; see 1 Pick, 118,

Extortion. See Labcbnt.

Extra, L Without; out of; beyond; except. Extra feodum: out of
his fee. Extra judidnm: out of court. Extra jus: beyond the law.
Extra pTflMientiam mariti: out of the husband's presence. Extra
legem: out of the law, or of the law's protection. Extra quatuor
maria: beyond the Four seas, q, v.; see aleo 1 Bl. Com. 167, Extra
regnum: out of. the kingdom. Extra territorium jus dicenti impune
non paretnr : you cannot safely obey one exerclnng jurisdiction out of
his own territory. Extra viam: out of the road.

Extracta, I. See Estreat.

Extradition. Delivery of a furtive by one state to another; see Roh,
El, L, Rev, ed., § 41-

Extrahura, I, An estray.

ExtrajndidaL An act of court which is not within its jurisdiction and
therefore void.

Extra-territorial. Beyond the territory or bounds of a state; see 6
Binn, S5S.

Extraneoua, I, A foreigner; a stranger.

Extremis probatia media prasttmuntnr, I, The extremes proved, the
things between are presumed. In extremis: at the last extremity.

Extrindc. Outside; from outside soimses.

Extom, {. Thence; from then.

Ey. Water; a watery place.

^der,/r. To aid; to help. Eyde: aid. Byeadd: have relief.

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EYOTT— FAIRLY 187

Vyott A UtUe island.

Eyre. A way, or journey ; the journey of a Justice about his circuit; Me
Assize. The Justices in eyre were established in 1176 with a dele-
gated power from the aula regia, and made their circuit around the
kingdom once in seven years for the purpose of trying various causes;
they were superseded by the justices of Aaaizx and Nui Pbiub, q. v.

Bzarts,/r. At arts; of arts.

P. O. B. Free on board. Means there is no drayage charge on part of

the seller; and in England that the buyer becomes the shipper, so that

goods are at his risk.
Fabric lands. Lands given for the maintenance of churches.
Fabricare, L, Fabricate. To forge, coin or create falsely. Always used

in a bad sense.
Facere, I. To do, make, act, or cause. Fadas: you cause. Fadendo:

doing; paying. Fadoutdes: I do that you may give; fadout fadas,

I do that you may do; see Do. Fadt: he does; he acts.
Facsimile. An accurate imitation of an original.
Fact A circumstance or thing done.
Factio testamenti, I. The legal right and capacity to make, or benefit

imder, a will.
Factor. An agent employed to buy and sell goods on commission in his

own name, intrusted with their possession and control.
Factum, pi. facta, 2. A thing done; a deed; a fact. De facto: in fact.
Factorizing process. Attaching the goods of a debtor in the hands of a

third party; see Attachmbnt, 3.
Pactum a judice quod ad offldiim ejus non pertinet ratum non est, I.

An act done by a judge which does not belong to his office is held

null. Factum probandum: the facts to be established. Factum

probans: the material evidencing the proposition; see Wig. Ev., § B.
Faculties, Court of. See Cottrt, 86.

Pflsstingmen. Vassals; persons of wealth; Frankplbdqe, 9. v.
Fail. To omit without exercising the will; see 9 Wheat, S44;

Refuse.
Failing of record. Failure of a party pleading a record to produce it

when required.
Falllite, fr. Bankruptcy.
Faint action, feigned action. See Action. Faint pleading: false or col-

lusory pleading, to the injury of a third person.
Faire, fere, fr. To make; to do. Faisant, feasant: doing. Fait: a

thing done; a deed, an act, or fact. Fair it Sfavoir: to make to know.
Fairiy. Justly; equitably. Not synonymous with " truth " in strict
MS 17 N. J. Eq. eS4'

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188 FAITH AND CREDIT— FATUM

Faith and credit Provided by the Ck>n8titution U. S., Art. IV., § 1, to be
given foreign judgments; Me SS Mich. fS47; Cacley Const L, SOS,

FaithfuL Prompt; diligent; not neeessarily impartial; see 16 N, J, L.
7fB.

Faitours, /r. Evil-doers; idle vagabonds.

Faicare,{. To mow, or cut. Faicatura: a day's mowing.

Falcidia, span, A fourth part of an inheritance.

Falda, span. The slope or skirts of a hill; see S Wall, 673.

Falda corsus. A sheep path.

Faldage. Foldage; the privilege of setting up a movable sheepfold, to
maniure the land.

Faldata. A flock of sheep.

Fallo, span. The final judgment in a suit.

Fallow land. Left untilled for at least a season.

Falsa demonstratio non nocety cum de corpore constat, I. False de-
scription does no harm, when it is clear as to the [thing or] person.
Falsa grammatica non vitiat chartam: bad grammar does not vitiate
a deed.

Falae imprisonment Any unlawful restraint of the person; see Voor.
Ar., § S71; Big. Torts, M ed. 839. False judgment: an English writ
issuing from one of the superior courts to correct error in a court not
of record; see Court, 29. False pretences: see Larceny.

Falsify. In equity practice, to disprove an item in an account; see 11
Wheal. 237.

Falso retomo brevium. A writ which lay against a sheriff for a false
return of writs.

Falsonairiua. A forger; a falsifier.

Falsua in uno, falsus in omnibus, I, False in one, false in all.

Fama, {. Character; fame; reputation.

Famadde. A killer of fame; a slanderer.

Familia, I. A family.

Family. Not limited to blood members, but includes servants as well;
see B Fed, R, 4SB.

Famosi libelli, Z. Libellous books; libels.

Famosus, I. Defamatory.

Fanega, span, A measure of land in Spanish America. About six thou-
sand four hundred square yards.

Farm. 1. The rent of land leased; anciently, provisions; white farm:
if money; see 2 Bl, Com. 42. 2. A term of years in lands.

Farrier. One engaged in public employment of shoeing horses; see 1
Bl Com. 431.

Fas, I. Right; justice; the divine law; see3Bl. Com. 2.

Fast estate. Real property; see9 N. Y. 602.

Fatetnr fadnus qui judidum fugit, {. He who flies from judgment con-
fesses his guilt.

Patom, I. Fate.

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FATUUM JUDICroM— FENERATION 189

Fatttum judicium. A fooliBh judgment.

Fauces terr», L Headlands enclosing an arm of the sea; see 1 Kent, S67.

Fautor, I. A favorer; supporter; abettor.

Faux, fausse, /r. False; counterfeit. Fauxer, faucher: to forge.

Favorabilicres rei potius, quam actores, liabantur, I. The defendants
are held to be favored rather than the plain tiffs.

Feal, /r. Faithful. Fealte: fealty.

Fealty. The faith which every tenant owes his lord; his obligation to
perform due obedience and service. The oath of fealty was a ceremony
performed on the admission of every tenant, except those in frankal-
moign.

Feasancei /r. A doing; a making. Feasor: a doer. Feasant: doing.

Fee. 1. A freehold estate held of, and granted by, a superior lord, on
the condition of performing some service in return for it. It was
originally granted as a reward. 2. An estate of inheritance in land;
an estate granted to a man and his heirs. 3. A fee simple; see Rob,
El. L. Rev. ed.f § 78. Fee-expectant: one limited to a man and his
wife and the heirs of their bodies. Fee-farm: land held in fee at a
rent, but without other services (except they be specified in the deed
of feoffment); see 2 Bl. Com. 43. Fee-farm rent: that reserved on
granting lands in fee-farms, one-fourth or one-third their value. Fee
simple: an unlimited estate in land, descendible to a man's heirs
generally; see 2 Bl. Com. 106. Fee simple conditional: the old estate
which arose when land was granted to a man and a limited class
of heirs before the statute de doniSf which turned them all into
estates tail. Fee tail: a restricted fee, descendible to certain classes
of heirs only; one which can only pass to the heirs of his body, the
direct descendants; see 2 Bl. Com. 112; 4 Kent, 14', Tail.

Feigned issue. An issue produced in a pretended action for the purpose
of trying a single question of fact. Such an issue was formerly fre-
quently directed out of the Ck>urt of Chancery, and rested on a ficti-
tious wager. Feigned action: see Action.

Felagus, {., Felawe. A companion or friend, bound in the decennary
for the good behavior of the others; see Tithing.

Felo, I. A felon. Felo de se: a self-murderer.

Felonious homicide. The unjustifiable killing of a human beiiig; see 4
Bl. Com. 188.

Felony. 1. An offence for which the criminal forfeited his fee. 2. A
serious offence; one punishable with death or the state prison.

Feme, femme, Jr. A woman. Feme covert: a woman (protected)
married. Feme sole: a spinster. Feme sole trader: a married
woman who trades on her own account by the custom of London; see
1 Hm (S. C), 4^.

Femicide. The killing of a woman.

Peneimtion. Interest on money lent; the practice or act of lending
money.

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190 FEOD— FEUDUM

Feod, feodum, I. A fee; see Fsudum; Feb. Feodi firnui: fee-farm.

Feoffare, I. To enfeoff. Feoff amentum: a feoffment. Feoffatus: a
feoffee. Feoffator: a feoffor. Feoffavit: he enfeoffed.

Feoffee. One to whom a fee is conveyed; see 2 BL Com, 20,

Feoffee to uses. He in whom the legal estate waa vested, the beneficial
owner being the cestui que use.

Feoffment. 1> The conveyance of a fee by livery of seisin. 2. The
deed or charter in which such conveyance was perpetuated.

Feoh, sax, A stipend; wages; a rewuxl; a fee.

Feorme, ferme, sax. Provisions; rent; a manor; a farm; a lease on
rent; see Farm.

Fer» natur», {. (Of a wild nature.) A term applied to animals not
usually tamed, as distinguished from those domite nator», domestic;
see 2 BL Com, 886,

Ferdfare, sax, A summoning to military service; ferdwite, an acquit-
tance therefrom, by fine; ferdsocne: exemption therefrom.

Feria, I, A week day; a holiday; a fair.

Ferita. A woimd.

Ferme, /r. See Feobme; Fabm.

Ferrator. A farrier.

Fesaunt, fir. Doing. Fesour: a doer; see Faisant, etc.

Festinatio juatitiA est noverca infortunii, {. Hurrying justice is step-
mother to misfortune.

Festingman. A surety; frankpledge; see FjBSTiNaAfBN. Festing-
penny: earnest given to servants when hired.

Festinum remedium, I. A speedy remedy.

Festum, I, A feast day.

Fet, fr. Done; made; see Fait. Fet assavoir: a thing to be known;
seeFhBTA,

Fetters. Manacles placed on persons charged with crime to insure
custody; see 4 Bl, Com. 322; 64 Mo, 61,

Feu,/r. A hearth, or fireplace. Feu, few, sc,: a fee.

Feudal. Having the quality of a feud; held of another, as opposed to
allodial. Feudal system: the system ol fiefs, q. v,

Feudo, span, A feud or fee.

Feudum, I. A fief, feud, or fee; see Feb. Feudum antiquum: an
ancient fee, one which hath descended to a man from his ancestors,
see 2 Bl. Com. 212, as distinguished from feudum novum, a fee ac-
quired by the man himself. Feudum apertum : one on which the lord
might enter for legal fault of the tenant ; see 2 Bl. Com. 245, Feudum
francum: a free feud. A feudum novum ut antiquum: a new fee
granted like an old one, so that it might descend to any of the
purchaser's heirs and not be restricted to his issue. At an eariy
period, all fees were granted in this way; otherwise & feudum novum,
though a fee simple, would resemble a fee tail. Feudtun individnum:
one which could only descend to the eldest son. Feudum laicun: a

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FI. FA.—FIGHT 191

layfee, as oppcMsed'to one held by spiritual service. Feudum ligiiim:
a liege fee, held directly of the Sovereign. Feudum matemum or
patemum: one descended from the mother or father; see S Bl. Com.
SIS, Feudum militare: a military fee. Feudum militis: a knight's
fee. Feudum proprium: a proper fief; an original, purely military
fee, as distingui^ed from feudum improprium, a later variety.
Feudum simplex: fee simple. Feudum talliatum: fee-tail. Feudmn
sine investitura nuUo modo constitui potest: a fee can by no method
be created without livery of seisin.

FL fa. See Fieri facias.

Fianza, span. A surety.

Fiar, «c. The proprietor; the owner of the fee.

Flat, /. (Let it be done.) A short order or warrant. Flat In bank-
nqitcy: an order of the Lord Chancellor that a commission in bank-
ruptcy should issue; see Commission, 2. Flat justitia, mat coelum:
let there be justice, though the heavens fall. Flat ut petitur: let it be,
as ia demanded.

Fictio, L A fiction. Fictio cedit veritati: a fiction yields to truth.
Fictio juris: a fiction of law. Fictio legis inique operatur alien!
^atwnittw yel injuriam: a legal fiction should not work to any person
wrong or injury.

Fidei-commissa, {. The civil law expression for trusts created by last
wUl.

Fidelitas, I. Fidelity; FEAiyrr, q. v.

Fides, I Good faith; trust; honesty. Fides servanda est: faith must
be kept.

Fiduda, L A sale with condition to re-sell to the first seller; a fiduciary
contract.

Fiduciary. Relating to a trust; founded upon confidence.

Fief,/r. A fee; see Fee; Feudum. Fief d'haubert: a fee held by knight-
service; see $ Bl. Com. 62.

Fiel, span. An officer in charge of a public depository, established by law.

Field. A cultivated tract of land larger than a " lot; "see? Heisk. 610,

Fieldad, span. Sequestration.

Fieri fadas, L (That you cause to be made.) A writ of execution
directing the sherifT to levy the amount of a judgment from the lands
and goods of the defendant; it is usually ei^orced against the goods
only; see Rob. El. L. Rev. ed., § 347; Elegit. Fieri foci: the return of
the sheriff to a )£. fa. that he has satisfied the judgment. Fieri non
debet sed factum valet: it ought not to be done, but, when done, it
is valid.

Fifteenths. A tax or aid anciently imposed on cities and towns in
England of one-fifteenth of their valued personal property.

Fight. Where two parties voluntarily take belligerent attitudes, with
intent to strike, there is a '' fight,'' although no blows are exchanged;
see 73 N. C. 166.

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192 FIGHTWITEr—FINE

Fightwite, sax. A fine for a quarrel or disturbance.

Filacers, filizers. (From Filace, /r., a file.) Officers in the Common
Pleas and other superior courts who filed and issued writs.

Filare. To file.

File, fille, /r. A daughter.

Filiate. To declare the father of a child.

Filiation. 1. The relation of a son to his father. 2. The adjudging a
bastard to be the child of some man.

Filius, I. A son. Filius est nomen nators, sed hsBres est nomen juris:
son is the name of nature, but heir is the name in law. Filius familias,
I: a son under the control of his father. Filius mulieratus: a mulier,
g. v.; see aleo 2 BL Com. 248, Filius nuUius (the child of nobody):
a bastard; so, filius populi, a son of the people; toe 1 BL Com, 4B9,

Fils, fitz, /r. A son.

Filly. A female colt.

Filum aqu», I. (The thread of the water.) The water line or edge;
the middle line of a stream. Filum foreste: the border of the forest;
see 2 BL Com, 419, Filum vis: the middle line of a street; see 88 Pa.
453,

Fin, Jr. End. En fin, al fine: at last, at the end.

Final. Ck>mplete, finishing, as opposed to interlocutory; eee Dscres;
Process. Final appeal court: see Court, 87.

Finalis concordia, L A final concord; a fine of lands.

Fine. 1. A siun of money paid by an offender as pumshment. 2. A
price paid for a privilege. 3. Fine for alienation: a price paid the
lord by the tenant in chivalry for permission to alien his lands; see
2 BL Com. 71^ 89, 4. Fine of lands: a conveyance of lands by ao*
knowledgment of record, which had the effect of barring an estate
tail by excluding the issue of the one levying the fine, the cognizor.
The cognizee sued out a writ of prsBcipe on a fictitious covenant of
the cognizor to convey the land in question, upon which a primer
fine of one-tenth the annual value of the land was due the King.
The court then granted a licentia concordandi, cong6 d'accorder, or
leave to agree, upon which the post fine, or three-twentieths the an-
nual value of the land, became due the King. Then followed the ac-
knowledgment, the concord itself, made by the cognizor in open
court or before commissioners appointed by dedimus poUsUUemy that
the lands were the property of the cognizee. Then followed the note
of the fine, an abstract of the writ of covenant and the concord,
which was enrolled in the proper office; and the foot of the fine, con-
taining the whole matter, engrossed in indentures by the chirographer,
and delivered to the cognizor and cognizee. There were four kinds
of fines, sur cognizance de droit come ceo que il ad de son done (fr.) :
a fine upon the acknowledgment of the right which the cognizee hath
by; a feoffment of record; sur cognizance de droit tantum, upon
acknowledgment of right merely; sur concessitt upon grant, by ac-

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FINE FORCE— FLETH 193

knowledgment of a grant de novo, but of no precedent right; and sur
don, grant, et render, upon gift, grant, and render, a combination
of the first and third kinds.

Fine force, fr. Absolute necessity.

FInem facere. To fine or pay a fine.

Finis, I. An end, or limit; a fine.

FIrdfare, Firdwite. See Febdfarb.

Fire bote. See Bote. Fire ordeal: trial by red-hot iron, either by tak-
ing a piece in the hand or by stepping blindfold and barefoot over
nine red-hot ploughshares; see Thayer Ev. 84*

Firm. The members, collectively, of a partnership.

Firma, L A farm, or rent; see Farm. Firmaratio: the right of a tenant
to his lands and tenements. Firmarius: afermor. Firma alba: white
rent. Firma feodi: fee-farm.

First-fruits. The first year's profits of a spiritual living, due anciently
to the Pope.

Fisc The treasury of a prince or state. Fiak, sc.; the revenue; the
forfeited goods of a rebel.

Fiscal. Belonging to the fisc, or treasury; eee 27 La. Ann, $9.

Fish royal. Whaloy porpoise, or sturgeon; which, when thrown ashore,
belonged to the King.

Fistuca, L A staff; a wand delivered as a symbol of property.

Fitz, /r. Son; a son.

Fitzherbert. A law writer, tempo Henry VIII., author of a Grand
Abridgment of the year-books and of the new Natura Brevium
[F. N. B.], a treatise on the writs then existing; see Reqistrtth
bsevium; Natura brevium.

Fixture. A chattel so fixed or fastened to the land or building as to
become real property; see 96 Ala, 77; Rob. El. L. Rev. ed., § 66,

Flagrans, {. Raging; in perpetration.

Flagrante bello, I. Diuing actual war. Flagrante delicto: in the heat
of the offence; in the very set; see 4 Bl. Com. S07.

Fledwit, Fligfatwite. 1. A fine paid by an outlaw for pardon. 2. A
discharge from amerciaments when an outlawed fugitive came to the
King's peace of his own accord.

Fleet. A prison in London; formerly of the Courts of Chancery, Ex-
chequer, and Common Pleas.

Fleet books. The records of marriages performed in Fleet Prison,
London, between 1686 and 1754.

Flem, sax. An outlaw; a furtive. Flemenesfirinthe: receiving a fugi-
tive. Flemeneswite: a fine imposed on an outlaw.

Fleta. A treatise on the law founded chiefly on Bracton, and supposed
to have been written tempo Edward I. by some learned lawyer at
that time confined in the Fleet prison. Appended to it is a small
French tract entitled Fet assavoir.

Fletiiy flet| M«. Land; a house.

13

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194 PUCHWITE— POKECLOSURB

Flichwite. A fine imposed for brawling or quaireHing.

Float A certificate authorizing the occupation of land.

Floating capital. Money or material set aside to meet current ezpenses.

Flotages. ThingiB which float by accident on the sea or navigable

rivers.
Flotsam. Goods floating on the water, lost from a wreck. Jetsam:

goods thrown from the ship. Ligan: goods sunk and buoyed; see

1 Bl. Com. 292,
Fluctus. Flood; flood tide.
Flumen. The right to turn rain water, from a spout, on the lands of

another.
Pluvious. Flood tide; a large river.
Focage. Firebote; housdbote.
Focale, L Firewood; fuel.
Foderum. Fodder.
Foedus, {. A compact.
Foemina vero co-operta. A married woman.
Foenus nauticum, L Marine interest; a high rate paid on ship loans;

see Bottomry.
Foesa. Herbage; grass.

Foeticide. The act of causing a criminal abortion.
Foetura. The produce of animals, or other property.
Foetus. An \mbom child.
Foi. Fealty.

Fois, foitz, ft. Time; times.
Foiterers. Vagabonds.
Folc land, SOX. The land of the people; see Booland. Polcmote f61cg»-

mote: a popular assembly; a county court. Folo-rigfat: the common

right of the people; see 1 BL Com, 66,
Fold-course. The right to fold cattle on another's land.
Folgarii, folgers. Menial servants.
Folio. A leaf. A page containing seventy-two, or, in Chancery, ninety

words; in America, usually one hundred; eee S8 Mich, 6S9.
Fonsadera, span, A war loan or tribute to the King.
Fontana. A fountain.
Foot See Fine.
For, fors, /r. Out; without.
Foraneus. A foreigner.
Forbannitus, {. Banished; outlawed.
Forbarrer, /r. To bar out; preclude; estop.
Force majeure, fr. Vis majors superior force.
Forcible entry or detainer. Violently or illegally taking possession or

keeping lands or tenements; a criminal offence. Also, the dvil

action therefor; see 21 Oreg, 541; 10 Mass, Jfl9.
Foreclosure. The process of barring the equity of redemption of a

mortgagor; forfeiting the mortgagee's tatle; see 99 Cal, 600,

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FOREIGN— PORTU 195

Poreigii. That which is strange, or belongs to another oountry; see 1
Pet, S4S,

Foreign attachment See Attaghmbnt. Foreign plea: see Plea. For-
eign bill: a bill of exchange drawn or payable abroad. Foreign
corporation: one created under the laws of another state.

Forejudge. To expel from court; to deprive of a thing by judgment.

Forest. A waste tract of land, belonging to the King, reserved for
wild beasts of forest, chase, and warren, and having certain laws and
courts of its own. Forest courts: eee Court, 74.

Forestall. To obstruct a highway. Forestall the market: to buy up
provisions on the way to a market, with intent to sell at a higher
price; a conspiracy to enhance the price of provisions; see 4 Bl. Com.
158,

Forgavel. A small money rent; a quit-rent.

Forgery. The fraudulent making or alteration of a written instrument
to the prejudice of another's right; see 4 BL Com, 247; May Cr, L.,
i3B9,

Forinsecua, I. Outward; external; foreign.

Foris, I, Abroad; without; out of doors.

Forisfacere, I. To forfeit. Forisfactura: a forfdture.

Forisfamiliated. Portioned off; provided for.

Forisjurare, L, Forjurer, fr. To forswear; renounce.

Forma. Form.

Forma pauperis, I, See In. Forma non observata infertor adnullatio
actus: where due form is not observed, the nullity of the act is in-
ferred.

Formata brevia, L Formed writs; see Wbit.

Formed action. See Action.

Formedon. An old writ of right or real action which lay for a tenant
in tail. Formedon in the descender, when brought by the heir
against his ancestor's alienee or dissdsor; in the remainder, when
brought by a remainder-man; in the reverter, when brought by the
donor or his heirs; see S BL Com. BOS.

Fornication. Unlawful sexual intercourse of an unmarried person with
a person of the opposite sex; eee May Cr, L., § WB; Rob. El. L. Beo. ed.,
iS06,

Foro, I, In the forum, or jurisdiction; see Pobttm.

Porprise. A reservation or exception.

For8que,/r. Only; but.

Forswear. To swear falsely.

Fortaxed. Wrongly taxed.

Fortescue. A judge of the time of Henry VI., author of a book, De
Latidibus Legum AnglicBf written in praise of the English common law.

Forthcoming bond. A bond to the sheriff, conditioned to deliver prop-
erty levied on when demanded.

Portia, I. Force. Portia frisca: fresh force.

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196 FORTIOR— FRANKALMOIGN

Fortior et potentior est dispodtio legis quam homiiiiSy {. The (fiapoa-
tion of the law is stronger and more powerful than that of man [t. e,,
overrules that of man in certain cases].

Fortuit,/r. Accidental. Fortuitment: by chance. Fortoitotw: depend-
ing on chance.

Forty-days court See Court, 75.

Forum, L A court; a jurisdiction; a tribunal; ekforumy or place where
legal redress is sought. Forum actus, the forum of the place where
the thing was done; contractus, where the contract was made; con-
sdentue, the tribunal of conscience, a court of equity; domesticiim, a
domestic jurisdiction; domicilii, that of the domidle; domicilii actoris
or rei, that of the plaintiff's Or defendant's domicile; ecdesiastieam,
a spiritual court; ligeantis rei or actoris, the forum of allegiance of
the defendant or plaintiff [of the country to which he owes allegiance];
litis mote, or fortoitom, the forum where the suit happens to be
brought; origiois, the forum of a person's nativity; regium, the King's
court; rei or rei sitae, the forum where the property is; rei geste, of
the place where the act was done; sasculare, the secular court.

Fos, fosse, /r.y fossa, I, A dyke or ditch.

Foster-loan. A gift in consideration of marriage.

Founderosa, L Founderous; out of repair.

Foundling. A young infant abandoned by unknown parents.

Four, /r. An oven.

Four comers. Applied to the face of a written instrument.

Four seas. The four seas lying aroimd England.

Fourcher, fr. To divide the essoin; to cause delay in a real action by
casting essoins in turn where there was more than one tenant.

Foy, fr. Faith; oath; fidelity.

Fractio, L A division; breaking. Fractionem diei non redpit lex: the
law does not regard the fraction of a day.

Frais, /r. Costs; expenses.

Franc, fraunk, fr. Free. Franc alen: free, allodial land. Franc ten-
ander: a freeholder.

Franchise. A liberty; a privilege granted by the Crown to a private
person; see 3 Kent, 4S8; £ BL Com. 37; 122 lU. 293. '

Frandgena, L A Frenchman; an alien.

Franclaine, frankljm. A freeholder.

Francus, L Free; a freeman. Francos bancos: Fbeb bench, 9. 0.

Francus homo. A freeman. Francus plegius: a Frankfuebdob, q. v.
Francus tenens: a freeholder.

Frankalmoign. Free alms, a kind of tenure by spiritual services, with-
out fealty, in land held by a reli^ous corporation, to themsdves and
their successors forever; see 2 BL Com. 101. Tenure by divine service
was where certdn spedfied services were required, and the lord might
distrain; whereas in frankalmoign he could only complain to the or-
dinary. Frank bank: free bench. Fnmk chase: free chase. Frank

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FRANKING PRIVILEGE-FREE ALMS 197

fee: 1. The reverse of ancient demesne, lands in fee simple. 2. Lands
held free of all services except homage. 3. Lands held by the lord of
a manor in ancient demesne of the Crown; se^ 2 BL Cam, S68. Frank
ferme: an old kind of socage tenure, changed from knight's service
by a new feoffment; see 2 BL Com. 80. Frankfold: free fold, a privi-
lege of the lord to fold the tenant's sheep on his lands to manure them.
Frank law: the rights and privileges of a citizen; as to be a juror,
witness, etc. Frankmarriage: an estate in tail special, given by the
donor to a donee who married the donor's female relative, descendible
to them and the heirs of their bodies, free of all services except fealty
until the fourth generation of their descendants; see 2 BL Com. 116,
Frankpledge: a tithing, q. v., or a decennary, q. v.; see 1 BL Cam. 114.
Also, the bond or pledge mutually entered into by the members of
a tithing to answer for one another's transgressions or to produce the
offending member. A S3r8tem of suretyship for good behavior required
of each freebom man on arriving at the age of fourteen. Frank
tenant: a freeholder. Frank tenement: freehold.

Franking privilege. The privilege of sending matter by mail or express
without cost.

Frassetomi L A wood; woody ground.

Frater, L Brother. Frater consanguineus: a brother by the father's
side; uterinus, by the mother's side. Frater fratri uterino non succe-
det in luereditate patema: a brother shall not succeed a uterine
brother in the paternal inheritance. Frater nutridus: a bastard
brother.

Fratriage. The inheritance of a younger brother.

Fratricide. The act of killing, or one who has killed, a brother or sister.

Fraud. An endeavor to alter rights, by deception touching motives,
or by circumvention not touching motives; eee Big, Torts, 8ih ed. 18;
Rob. EL L. Rev. ed., § 197.

FMuds, Statute of. The 29 Car. II. c. 3, making written memoranda
necessary in many cases of contracts and grants.

Fraimche, fraunke,/r. Free. Fraunk homo: a freeman.

Frau8» L Fraud. Fraus dans locum contractui: a fraud giving occa-
sion for the contract. Fraus est celare fraudem: it is fraud to con-
ceal fraud. Fraus est odiosa et non prssomenda: fraud is odious,
and will not be presumed. Fraus et dolus nemini patrodnari d»-
bent: fraud and deceit ought to avail no one. Fraus latet in general-
ibus: fraud lurks in general phrases. Fraus legis: instituting legal
proceedings for purpose of fraud.

Frectare, L To freight. Frectum: freight.

Fredum. A fine paid a magistrate for protection against revenge, or
for pardon in breach of the peace.

Free alms. Frankalmoign, q. v. Free bench: dower in copyhold
lands; usually a third or fourth part of the land, to be held dum 9ola
el oatia vixerU. Free course: having the wind from a pomt fadlitat-

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198 FREIGHT— FRUCTUS

ing the handling of a sailing vessel. Such vessel must gpve way to
one beating to windward; see 3 C. A P. 628, Free fold; aee Frank-
fold. Freehold: 1. Such an estate as a freeman might accept, i. e.,
an estate for life or inheritance, not a leasehold. 2. An estate in
free socage, not copyhold or villeinage. Freeman: 1. A freeholder,
not a villein. 2. One enjoying full privileges of citizenship. Free on
board: see F. O. B. Free pledge: see Fbankpledob. Free services;
such as a soldier or freeman might perform, not base, uncertain, or
villeinous; see 2 Bl, Com, 62, Vree ships: ships of a neutral nation
in time of war; see 1 Kent, 126, Free socage: a tenure by free and
certain services, not military; see Sogagb. Free tenure: freehold;
tenure by free services. J^ee warren: a r^al franchise granted a
subject to preserve beasts of warren; see 2 Bl, Com, 89, 417,

Freight The price paid for transporting goods.

Frendlesman, sax. An outlaw. Frendwit: a fine for succoring or
harboring an outlaw.

Freneticus, {., frentike, fr. A madman.

Freoborgh, sax,, free burrow or borow. A frankpledge, 9. v.

Frequent To visit often or habitually.

Frequentia actus multum operatur, I. The frequency of the act effects
much [continual usage establishes the right].

Frdre, /r. A brother.

Fresh disseisin. Recent disseisin; during the time of fresh disseisin
(fifteen days) a man might right himself by force. Fresh fine: a fine
of lands levied within a year past. Fresh force: deforcement or dis-
seisin committed within thirty days past; see Assus of fbbsh forcb.
Fresh suit: immediate pursuit or prosecution.

Frettum. Freight.

Fretum. A strait.

Friborgh. A frankpledge, q, v,

Fribuscultun. A momentary separation by reason of dissension be-
tween husband and wife, without intention to dissolve the marriage.

Frigidity. Impotence.

Friscus, I, Fresh; uncultivated. Frisca fortia: fresh force.

Frivolous. An insufficient and immaterial pleading.

Fructuarius, I, A lessee; one entitled to the use of profits and
increase.

Fructus, I, Fruit; fruits. Fructus rei aliens: the fruits of another's
property. Fructus dviles: revenues and recompenses; profits; rents.
Fructus industriales: the fruits of industry; emblements; as crops of
grain, etc., distinguished from fructus naturales: the natural prod-
ucts of the soil or increase of animals, like the fruit of trees, wool, etc.;
see Rob, EH. L, Rev, ed., § 66. Fructus pendentes: hanging fruits,
things not severed from the land, as distinguished from fructus
separati. Fructus rei aliens: fruits taken from the property of an-
other. Fructuum perceptio: the rightful taking of the produce of

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PRUGE&-FUNGIBLE 199

property by a person not the owner of the property; one of the meth-
ods of acquiring property with an act of possession.

Fruges, I. Produce of vines, stone-quarries, etc.

Frussura. A breaking up of ground; ploughing.

Frustra, L In vain; to no purpose. Frustra est potentia qtue nim-
quam venit in actum: a power which is never exercised is useless.
Frustra fit per pluia, quod fieri potest per paudora: it is vain to em-
ploy many means when fewer are enough. Frustra legia anrJUiim
qmerit qui in legem committit: he who transgresses the law vainly
seeks its aid. Fmatra petis quod statim alteri reddere cogeris: it is
useless to ask what you will immediately have to hand over to an-
other. Frustra probatur quod probatum non relevat: it is useless to
prove that which, being proved, is not relevant.

Frustnun terras, {. A piece, or single tract, of land.

Frutos, apart. Profits; fruits.

Frythe, sax, A wood; a plain between woods; an arm of the sea.

Fuage, fumage. A tax on chimneys.

Fuer,/r. To fly; flight.

FuerOi span. Compilations of law.

Fuero de castilla, span. The laws formerly obtaining in Castile.

Fuero de correos y caminas, span. A tribunal having jurisdiction over
post-offices and roads.

Foera de guerra, span. A special court to hear matters relating to the
persons serving in the army.

Foero de marima, span, A tribunal taking cognizance of matters per-
taining to the navy.

Fuero juzgo, span. The Visigoth code of laws.

Foero mtmicipal, span. Laws of municipalities.

Fngam fedt, I, He has made flight; whereby the goods of a person in-
dicted for felony were forfeited.

Fogator. A hunting privilege.

Fugitation, sc. Outlawry.

Full age. In common law, twenty-one years; in civil law, twenty-five.
Full blood: descent from both of two parents or married pair of an-
cestors; half-blood, descent from one only. Full court: a court in
banc, with all the judges. Full Ufe: life both in fact and law; legal
capacity. Full proof: in civil law, proof by two witnesses or a public
instrument. Full right: title conjoined with possesion.

FuUtmi aqu«, I. A stream of water; a flume.

Functus, I, One who has performed or accomplished; discharged.
Functus officio: one who has served his term of office; one whose au-
thority has ceased.

Fundamua, I, We foimd [a corporation].

Fundo annexa, I. Annexed to the soil.

Fundus, {. Land; see S Bl. Com. 209.

Fungible. Consumable; measurable; that may be replaced in kind.

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200 FUR— GARDIANUS

For, L A thief. Fur manifestus: an evident thief, one caught in the
act.

Furca, L A gallows; a fork. Furca et flagellum: gallows and whip.
Forca et fossa: gallows and pit.

Furcare, I, To fork or divide; see Fourcher.

Furiosi nulla voluntas est, L A madman has no will [is not criminally
responsible]. Furiosus absentis loco est: a madman is as if absent
[his presence is of no effect]. Furiosus solo furore punitur: a mad-
man is punished by his madness alone.

Furiosity. Madness.

Further assurance. A covenant that the grantor will execute any
further deeds which may prove necessaiy to complete the title;
see Covenant.

Furtively. By stealth.

Furtum, I, Theft. Furtum grave: aggravated theft, punishable with
death. Furtum conceptum, oblatum: receiving stolen goods. Furtum
manifestum : open theft, detected in the act; bacberend, q. v. Furtum
non est ubi mittimus habet detentionis per dominium rei: there b no
theft where the detention begins on grounds of ownership [authority].

Fustigatio. An ancient punishment by beating with sticks.

Fustis, L A staff, delivered as a symbol of land.

Future estate. See 'Estate,

Fnturi, l. Persons not yet in being.

G

Oabel, gavel; gablum, l; gafol, sax, A tax, duty, rent, or impost.

Gage. Security; a pledge.

Gager, fr. To find security; to wage. Gager del ley: wager of law.

Gaignage, yr., gainage. Wainage; profits of tillage; farm tools.

Gajum. A dense wood.

Gales, fr, Wales.

Gamacta. A stroke or blow.

Gamble. To game unlawfully.

Ganandal, span. Community property.

Ganandas, span. Profits from community property.

Gaol delivery. The emptying of a gaol by trying the prisoners; see
Assize; De bono et malo. Gaol liberties: a district around a gaol
through which prisoners are allowed to go at large, on giving security
to return.

Gaxaunt, garaunter, /r. Warrant; to warrant.

Garba, I, A bundle; a sheaf of com.

Gard, garde, /r. Ward; custody; guardianship.

Gardein. A keeper, constable, or guardian.

Gardianus. A warden, guardian, or protector.

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GARENE-GENS 201

Garene, /r., garrena, L A warren.

Gamer, ganiir,/r. To warn; to summon; to garnish.

Gamiahee. A person warned, as not to deliver goods. Garnishment,
garnishing process: warning a debtor not to pay a debt or deliver
goods to bis creditor, but to answer the plaintiff's suit and keep the
goods till judgment; see 41 Kan. 297 ^ 696; Attachment.

Garrant,/r. Warrant. Garrantie: warranty.

Garrote. A mode of capital punishment by strangulation, accom-
panied by a severing of the spinal cord in the same operation.

Garth. A yard; a little close. «

Ga8t,/r. Waste. Gaster: to waste.

Gate. A right in land for the use or paasage of cattle.

Gavel. Custom; toll; tax; rent. Gavelbred: rent payable in provi-
sions, in kind. Gavelgeld: an annual profit or tribute.

Gavelkind. A spedes of socage tenure, common in Kent, where the
lands descend to all the sons, or heirs of the nearest degree, together;
may be disposed of by will; do not escheat for felony; may be aliened
by the heir at the age of fifteen; and dower and curtesy is given of
haif the land; see 1 BL dm. 74; 2 id. 84; 4 id. 408.

Gavelet. Rent. A process for the recovery of rent in gavelkind ten-
ures; a kind of cessavit, q. v.

Geld, gild, sax. A payment, tribute, or fine. Money.

Gelding. A castrated horse; see 4 Tex. App. $20.

Gemma, L Gems.

Gemote, sax. A public meeting or assembly; a court; a moot or mote, q. v.

Gen', for Generosos, 2. A gentleman.

Geneath, sax. An agricultural tenant or villein.

Gener, I. A son-in-law.

General agent. An agent in a particular business or employment, for
which he has general and usual powers. General assumpsit, average,
damages, demurrer, imparlance, legacy, lien, occupant, partnership,
tail, verdict: see those titles. General issue: a short plea denying in
general terms the whole declaration, indictment, or cause of action,
without offering new matter. General ship : a ship open generally for
conveyance of goods, not chartered.

Generate dictum generallter est interpretandom, I. A general expres-
sion is to be interpreted generally. Generale nihil certum implica: a
general expression implies nothing certain. Geneialia specialilraa
non derogant: general words do not derogate from special. Gener-
alia verba sunt generallter intelligenda: general words are to be un-
derstood generally. Generalis clausula non porrigitor ad ea qun
antea spedaliter aunt comprehenaa: a general clause is not extended
to cover things previously specially mentioned.

Generosua, L, gentilhome, /r., gentleman. A man entitled to bear
arms; above the rank of yeoman.

Gena, L A union of families, of the same name and of free birthi.

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202 GENTS-GOOD ABEARING

Gents, gentz, /r. People; folk.

Genuine. Not simulated or false; see S7 N, Y, 492,

Genus. Kind.

Gerefa, sax. A reeve; an officer.

Gerere, l. To bear; to act; to behave. Gerere pro h»rede: to act as
heir.

Germanus, L Gi the whole blood; of the same stock.

Gersuma, sax., L A price; fine; reward; amerciament.

Gestation. The period during which a female carries the foetus in the
womb.

Gestio, {. The management or doing of any thing.

Gestio pro harede, I, Behavior as heir.

Gestum, pL, gesta, I. A deed; things done; transactions.

Getter, /r. To throw; bring; cast.

Gift A gratuitous transfer; a conveyance in tail; eee 2 BL Com. 441;
20 WaU, S4; 97 Mass. 507.

Gild, sax. See Geld. Also, a fraternity; corporation; friborgh, q. v.

Gilda mercatoria, I. A mercantile company; see 1 Bl. Com. 473.

Gildale. A compotation where every one paid his scot and lot; vulg, a
" Dutch treat."

Gilour, fr. A cheat; a dec^ver.

Giser, fr. To lie. Gisant: lying. Gist en le bouche: it lies in the
mouth. Cy git: here lies. Le action bien gist: the action well lies.

Gist The essence of a matter; see 101 lU. 894.

Glanvill. The author of the treatise De LegUms et Consuetudinibus
AngluB, the most ancient book in the English law, written about
1181, and containing the forms of writs as they then existed.

Gleba, I. A glebe; church land; the minister's land; a portion in addi-
tion to the parsonage. Gleba terr»: a clod of earth.

Glossa, I. A gloss; an interpretation or explanation.

Gloucester. The statute of this name was made in the sixth year of
the reign of Edward I. (1278), providing for costs in actions; giving a
writ of cessavit (q. v.) to lessors of tenants in fee-farm, and to the heir
an immediate writ of entry in cases where a dowress alienated the
land (in casu proviso); providing that no suit for trespass de bonis
under 408. should be brought in the superior courts, that an appeal of
murder should not abate for default of fresh suit, that no waste should
be conunitted pending a suit about the lands, that a citizen of London,
disseised of land, and suing therefor, should recover damages as well,
etc., etc.

Glyn. A valley, or glen.

Go. To be dismissed the court; to issue; see Day.

God bote. A fine for a spiritual offence. God's penny: earnest-money;
see Denarixts dbi.

Goldsmitfas' notes. Bankers' notes.

Good abeaxing. A species of probation; a man bound to good abearing

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GOS^-GRESSUME 203

was bound more strictly than if boimd to keep the peace; he was
bound also to good behavior, to refrain from acts contra bonoa mores,
as well as contra pacem. Good consideration: see Conbidebation.

Gors, gorce, fr. A wear; a fish-pool.

Gmdatim, I, By degrees; by steps.

Giaffaritts, I, A graffer; a notary. Graflum: a register.

Grammatica falsa non vitiat chartam, 2. False grammar does not vitiate
a deed.

Graft An equitable lien; see 9 Maea, S6,

Grand assize. An extraordinary jury of sixteen knights employed to
try writs of right, introduced by Henry II.; such actions being previ-
ously triable only by &a/^; see 5 BZ. Com. 55i. Grand bill of sale: an
instrument whereby a ship is transferred to the first purchaser; a bill
of sale of a ship at sea. Grand cape, cape ad valentiam, jury, larceny,
serjeanty: see those titles. Grand days: dies non juridid, holidays in
court. Grand distress: a distress more extensive than the ordinary
distress, running to all the goods and chattels of the party distrained
within the county, which lay when he made default after being
attached.

Grange. A bam; a granary; a farm.

Grant. A gift; a conveyance; especially of a fee-simple; a conveyance
without livery, as of an incorporeal hereditament; see B BL Com, S17;
5 Mass. Ifll; 16 AT. K. 76; Rob. El, L, Rev, ed,, § IST.

Grantee. One to whom a grant is made.

Grantor. The one who makes a grant.

Granum crescens, I. Growing grain.

Grassum. A sum paid in anticipation of rent; a fine paid for a lease;
a customary fine due from a copyhold tenant on the death of the lord.

Gratis, I. Freely; grattutously. Gratia dictum: a voluntary assertion;
see 6 Met, (Mass.) 246,

Grava. A piece of wooded land.

Gravamen, I. Injury; grievance; the gist of con4>laint.

Gravatio. An accusation.

Gravis. Great.

Great SeaL The emblem of royal authority, intrusted to the Chan-
cellor or Lord Keeper.

Great tithes. Prsdial tithes; com, hay, and wood. Great council: see
Court, 3.

Gree, fr. Satisfaction; agreement; consent; grace. Per le gree ou
sans le gree: with or without consent. Bon gre mal gre: with good
will or bad.

Gregorian epoch. From the beginning of the Gregorian calendar,
1582; 8eeBBl,Com,Ul.

Gremio, span. A guild or union of men.

Gremium, I. Bosom. In gremio legis: in the lap of the law.

Gresaome* See Gbassxtic.

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204 GREVA— GWALSTOW

GreTE. The seashore.

Greve. Denoting power and authority.

Grifh, sax. Peace.

Gritfarbrech, sax. Breach of the peace.

Gronxia. A peat-bog.

Gro8,/r. Large; substance. Engros: at large; in substance. Grosse
avanture: bottomry. Gros bois: timber.

Gross. Entire. Existing in its own right.

Gross average. See Average.

Grosaement Greatly.

Ground rent Rent psdd on a building lease; fee-farm rent; see Rob.
EL L, Rev. ed., § OS.

Guaranty. A promise to answer for the payment or performance of
another; a warranty; to warrant; see 107 Mass, 4B2; Rob. El. L.
Rev. ed., § 170] Surety.

Guardia, I. Ward; guardianship.

Guardian. A keeper, or protector; see 1 Bl. Com. 460. Guardian in
chivalry: the superior lord, who, when the heir was imder twenty-one,
if male, or fourteen, if female, in knight-service, was entitled to the
wardship and marriage of the heir and the profits of the land; see 2
Bl. Com. 67. Guardian by statute: a kind of guardian appointed by
the father's deed or will, under the 12 Car. 2, c. 24; eee 1 Bl. Com.
462. Guardian by appointment of the Court of Chancery: when the
father fails to appoint, or is an improper person. Guardian by cus-
tom: in copyhold, the next of blood; in London, the mayor and
aldermen; see 1 Bl. Com. 462. Guardian by deed or will: i. e., one
appointed by the father. Guardian ad litem: a person representing
the interests of a minor in a suit at law, appointed by the court; see
lOS U. S. 4S8; S Bl. Cam. 427; Rob. El. L. Rev. ed., §§ 187, 597.
Guardian by nature: the father, and, on his death, the mother; see
1 Bl. Com. 461. Guardian for nurture: the father or mother, but
guardians of the person only, and until the age of fourteen ; see
1 Bl. Com. 461. Guardian in socage: the next of blood, in socage
tenure, to whom the inheritance cannot possibly descend; he has the
custody of the infant heir's lands and person up to the age of four-
teen; see 2 Bl. Com. 88. Guardian of the Spiritualities, Temporali-
ties: see Gustos spiritualium, temporalium.

Guarra, guerra, I., guerre, fr. Wan

Guerpi, fr. Abandoned; deserted.

Guet, fr. Watch. Guet apous: an ambush.

Guia, span. A right of way.

Gule of August. The first of August.

Gwabr merched, brit. Maid's fee; a payment made to the lord of a
manor upon the marriage or incontinency of the daughter of a tenant.

Gwalstow. An execution place.

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HABEAS CX)RPUS— REC EST CX)NVENTIO 205

Habeas corpisa, L (That you have the body.) A name given to a num-
ber of writs having for their object to bring a person to court, and
particularly the Habeas corpus ad subjiciendum: a writ directed
to a person detaining the body of another, to inquire into the cause
of the detention, and have him submit to whatever the court shall
direct; see Rob. EL L, Rev. ed., §§ 40, 269. Habeas corpus ad facien-
dum et recipiendum: a writ to remove the cause, as well as the body
of the defendant, to the jurisdiction of a superior court; also called
habeas corpus cum causa. Habeas corpus ad prosequendum, testi-
ficandum, deliberandum, etc.; to remove the body of the prisoner to
be prosecuted or to testify in the higher court, in the proper jurisdic^
tion. So ad satisfaciendtun, to chaige him, upon judgment in an in-
ferior court, with execution in the superior; see 3 Bl. Com. ISO. Ha-
beas corpora juratorum : a writ for the sheriff to compel attendance of
jurymen in the C. P., like a distringas juratores in the K. B.; see 3
BL Com. S64.

Habeas Corpus Act The 31 Car. II. c. 2, providing the remedy by
habeas corpus for a violation of personal liberty; see 1 BL Com. 128;
3 id. 136; 4 id. 438.

Habemus optimum testem confltentem reran, L We have the best
witness, a confessing defendant.

Habendum, L (To be held.) The clause of a deed defining the estate
granted, containing the words of limitation; aee 2 BL Com. 298. Ha-
bendum et tenendum: to have and to hold; to be had and held; see
Rob. El. L. Rev. ed., § 131.

Habentes homines, L (Having men.) Rich men.

Habentia. Wealth.

Habere facias possessionem, L (That you make him have possession.)
A writ of execution, for the successful plaintiff in ejectment to recover
possession of the lands; see 3 BL Com. 412; Rob. EL L. Rev. ed., § 347.

. Habere facias seislnam: a writ to give the plaintiff in a real or mixed
action possession of the freehold; see 3 BL Com. 412. Habere facias
visum: a writ to cause the sheriff to take a view of the lands in
question.

Habi]is,^ Able; fit; suitable; good; sound; see 1 BL Com. 436.

Habit. Customary conduct arising from repetition of the same acts;
see 106 U. S. 364.

Habit and repute, sc. Held and reputed.

Habitus, L Habit; apparel; garb; manners.

Hadenda, span. An estate.

HflBC est conventio, L This is an agreement. Hflscestfinalisconcordia:
this id the final agreement; words commencing the foot of a fine, q. v. ;
see 2 BL Com. 361.

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206 HiEREDA— HALMOTE

Hflsreda. A hundred court; see 3 El. Com, SS.

HsBredipeta, I, (An inheritance seeker.) The next heir.

Hsreditunentum, L, httreditunent See Hbbeditamemt.

Hsreditas damnosa, I. A burdensome inheritance. HaBreditts jacena
(a prostrate inheritance) : an inheritance not yet accepted and entered
upon by the heir; see 2 Bl. Com, 269, Hflereditas nihil aliud est quam
successio in uniyersum jus quod defonctus habuerit: an inheritance
is nothing but the succession to all the rights the deceased had. Hfl»-
reditas Incttiosa: a mournful inheritance, as of a parent to a child;
see 4 Keniy S97. Hcereditas ntmquam ascendit: an inheritance never
[lineally] ascends. Hereditas patema: an inheritance from the
father.

Hceresy pi. hflsredes, 2. Heir. Haeres acta: an hdr by appointment.
HflBTOS astrarius: an heir in possession. Haares de facto: an heir in
fact; from the wrongful act of his ancestor. Haares f actus: an heir
by willy a testamentary heir; see 18 Pa. 43, Haeres est alter ipse et
flUtts est pars patris: an heir is another self and a son is part of the
father. Haeres est eadem persona cum antecessore: an heir is the
same person with the ancestor. Haeres est quern nuptiaa demonstrant:
he is the heir whom the marriage indicates [the hdr is determined by
a lawful marriage]. Heres est aut jure proprietatis aut jure repre-
sentationis: the heir is either by ri^t of property or right of r^re-
sentation. Haares est nomen coUectivum: heir is a collective name.
Hasres est nomen juris, Alius est nomen naturae: heir is the name
of the law, son the name of nature. Haeres fldudarios: an heir in
trust, or trustee. Haeres haeredis mJhi est mens haeres: the h&i of my
heir is my heir. Haeres natus: a bom heir. Haeredes prozimi: next
heirs; children. Haeredes remotiori: heirs more remote. Haeres
rectus: a right heir. Haeres suus: a proper heir; a child or grand-
child. Haeredi magis parcendum est: the hdr is to be more favored.
Haeredum Dens facit, non homo : God makes the heir, not man. Haere-
dum appellatione veniunt haeredes haeredum in Infinitum: under the
name of heirs come the heirs of heirs indefinitely.

Hsretico comburendo. See Db.

Hafne courts. Haven courts; old courts in English seaports.

Haga. A house in a dty or borough.

Ham. Whole.

Haia, I., haye, fr, A hedge.

Haimsucken, sc. Assaulting a person in his own house; see 4 BL Com,
223,

Half-blood. Descent from one lineal ancestor only of a pur; see Full
BLOOD. Half-proof: in the civil law, proof by only one witness, or a
private instrument. Half-tongue: a juiy hUvnguiSy q. v,

Hallazco, span. Acquiring a title by occupancy through finding and
taking possession.

Hahnote. A court baron.

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HALYWERCFOLK— HEARTH-MONEY 207

Halywercf(dk, aax. People who held lands by the service of defending

or repairing a church.
H«m, 9ax, A home; a house ; a village. Htmesecken: tee Haimsucken.

Hamsocne: the privilege of a man's house, or the breach thereof.
HameL A hamlet.
Hamma. A curtilage.
Hanaper office. An office on the common law side of the Court of

Chanceiy, in which the writs of private peowns and returns, or the

fees arising from them were kept, as those relating to the Crown

were kept in the PBrrr-BAa officb, q. v,; 9ee S BL Com. Jfi.
Hand. A measure of four inches; a signature; wt 18 Col, 638,
Handborow. A hand-pledge; a name given to the nine ordinary frank-
pledges of a decennary, the tenth or chief being the headborow; see

Trmma.
Handhabend. Having in the hand; a thief caught with the goods in

his possession; see Bacbebbnd.
Handsale. A sale confirmed by striking hands; the price; see 2 BL

Com. 448.
Hangwite, sax, A fine for hanging a thief without trial.
Hanse towns. A commercial association of German cities, formerly

existing, chief among which were Bremen, Lubec, and Hamburg,

having a peculiar code of maritime laws.
Hantdode. An arrest.
Hard cases. Cases decided to meet the hardship of a party rather than

follow precedent.
Hariot See Heriot.

Hartinpenny. A penny tax on every house; see Pbter'b fence.
Hat-money. An allowance made the master of a ship for the purchase

of winter clothing; pRiMAaE, q, v.
Haubert, fr. A coat of mail; haubergeon.
Haii|^ Bottom lands. Those lands occasionally made rich by over-

flowage.
Haiilt, haul, fr. High. Hant chemin, vey: highway. Hant eatret:

high street.
Haustos, I. Drawing; the servitude of entering and drawing water.
Haw. A house; a bit of land by a house.
Hawgh, howgh. A valley; a green plot in a vale.
Hay, haya, I. A hedge; an enclosure.
Hayward. An officer who keeps the common cattie of a town and sees

to the preservation of hedges ; a poimd-keeper.
Headborow. The chief pledge of a tithing; see Handborow.
Head-note. The syllabus of a reported case.
Hearsay. Assertions offered testimonially which have not been in some

way subjected to the test of cross-examination; see Wig. Ev.y § 1S62.
HeartlHnoney. A tax of two flhillingB on eveiy hearth in England;

fuoffe, q, v.; see 1 Bl. Com. Sid.

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208 HEAT OF PASSION— HERITOR

Heat of passion. PassSon suddenly aroused by reasonable provocation;
see 106 Mo. 198.

Hedge-bote. Wood used to repair fences; see t Bl. Com, S6.

Heir. One who takes the ancestor's property by descent; see 2 Bl, Com.
BOl; Rob. El. L. Rev. ed., § US. Heir apparent: one certain to be
heir if he outlive the ancestor; see 2 Bl. Com. 208; 61 Barb. 1S7. Heir
presumptive: the person who would be heir if the ancestor died to-
day, but whose right of inheritance may yet be defeated by some
contingency. Heir by custom: heir by special custom, as gavelkind,
q. v., etc. Heir by devise : a person to whom lands are devised by will.
Heir general: the ordinary heir by blood of all the lands. Heir
special: the heir in tail, performam doni, imder the form of the gift,
who may or may not be the heir general.

Heirioom. A chattel, personal property, which descends to the heir
with the inheritance; such as the best bed, the doves, the fishes in
the pond, the deeds and charters, etc.; see 2 Bl. Com. ^f^.

Henghen, eax. A prison; a gaol.

Hengwyte. See Hanqwite.

Heptarchy. A Saxon consolidation of seven British kingdoms; see 4
Bl. Com. 410.

Heralds' college. An English corporation, founded 1 Rich. III., em-
powered to grant arms and preserve pedigrees, consisting of three
kings at arms, six heralds, and four pursuivants, together with the
Earl Marshal of England; see S Bl. Com. 106.

Herbagium, I. Herbage; the right of pasture. Herbagittm antwius:
the first crop of hay.

Herbergare, 2., herberger, fr. To lodge; to harbor.

Heredad, span. Cultivated land.

Heredero, span. Heir.

Hereditament That which may be inherited; see 2BI. Com. 17; 6 Conn.
618. Corporeal^hereditaments: such as are tanipble, visible, ma-
terial, and may pass by livery of seisin, as distinguished from in-
corporeal hereditaments, which lie only in grant and are not capable
of manual delivery or feoffment; see 28 Barb. S40.

Hereditas, heres, etc. See HiERBDiTAs, etc.

Heresy. A public and obstinate disavowal of some of the essential doc-
trines of Christianity; see 4 Bl. Com. 44-

Heriot 1. A tribute in arms, horses, or money, due the lord on the
death of a knight tenant; see 2 Bl. Com. 421. 2. The best or second-
best beast, or, in copyhold tenure, other personal chattel, seised by
or due to the lord on the death of the tenant; see 2 Bl. Com. 97.

Heritable and movable rights, sc. Real and personal rights. Heritable
bond: a bond accompanied by the conveyance of an inheritance as
security. Heritable jurisdiction: grants of criminal jurisdiction be-
stowed on great Scottish families.

Heritor. A proprietor of land.

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HERMANDAD— HOLOGRAFO 209

Hennandad, span. A civic society fonned for self-protection.

Hennaphrodites. Persons whose sexual organs have the appearance of
both sexes; see Ewell Med, Jwria, 172,

Hermer. A great lord.

Hemsy Z. A lord; master. Hems dat ut servius facial: the master
g^ves [wages] that the servant may do [the work].

Herondea. Heralds.

Heaia. An easement.

Heybote. Hedgebote; see Bote.

Hidage. A royal tax imposed on hides of land; 9U Hidb.

Hidalgo, span. One who is of noble blood.

Hide. As much land as one plough could work, from 60 to 120 acres;
as much land as would support one family; aploughland; a mansion-
house. Hide and gain: arable land.

Hidel. A place of refuge.

High sea. Begins at low-water mark, excluding the fauces terrm or
projecting headlands; see ISO U, S. 2^9; 1 Bl. Com, 110, High trea-
son: treason to the King or State. Highway: a foot, bridle, road, or
water way open to the public; see S Kent, 4^2. High Court of Justice,
of Appeal: see Coitrt, 20, 26.

High-water mark. The ordinary high-water mark on a shore as shown
by a distinctive line of vegetation; see 113 Mass. 288.

Higler. A huckster or peddler.

Higuela, span. An heir's written acknowledgment of what he haa re-
ceived from the succession.

Hiia teatibus, I. (These witnesses.) The attestation clause in deeds.

Hilary term. In England, began on the 11th and ended on the Slst of
January. HUary rules: a collection of orders and forms extensively
modifying the pleading and practice in the English superior courts of
conunon law, established in Hilaiy term, 1S34; see 2 Crompton A
Meesony 1; Rob. El. L, Rev. ed., § 818.

Hinc inde, I. In Scotch law, on either side; reciprocally.

ffind, hine, SOX. A servant in husbandry; a domestic.

Hipoteca, span. A real property mortgage.

Hirst, hurst A wood.

Hoc intuitu, /. l?\^th this expectation. Hoc loco: in this place. Hoc
nomine: in this name. Hoc paratus est veriflcare per recordum:
this he is ready to verify by the record. Hoc vohia ostendit: this
shows to you. Hoc titulo: under this title. Hoc voce: under this
word.

H<^a. A moimtain.

Hogenhyne, agenhyne, sax. A domestic servant; a member of the
household; a guest on his third night or afterwards.

Holm. An island in a river; grassy groimd by water.

Holografo, span. A will or other document written, signed, and dated
with the testator's own hand; a holograph.

14

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210 HOLOGRAPH— HORS

Holograph. A deed or will written entirely by the grantor or testator,
in his own hand; see 61 Col. 4^8,

Holt, 8ax. A wood, or grove.

Homage, homagium, {. An humble submission, an acknowledgment
by the tenant in knight-flervice that he was the lord's vassal, reserving
only his faith to the King; seeBBl,Com.4S. Liege homage: such as
is due the King independent of tenure, without any reservation; see
1 Bl. Com. 367, Homage ancestral: where a man and his heirs had
held immemorially by homage, and the lord was boimd to warranty;
see B Bl. Com. SOO. Homagium reddere: to renounce homage.

Hombre bueno, span. The ordinary judge of a district.

Home, homme, /r., Homo, pi. homines, I A man; men. Homines de
fief, feodaux, homines ligii: feudal tenants.

Homestead. The place of a home. In America, a dwelling-house, and
land about it, exempted from execution for debts.

Homiddium, I. Homicide. The killing of any human being; see 4 Bl,
Com. 177; May Cr. L., § B18; 6 Cush. SOS. Hondcidium per infoi^
tunium, per misadventure: accidental homicide, committed while
doing a lawful act. Se defendendo: in self-defence; see Excusable
HOMICIDE. In rixa: homicide in a quarrel.

Hominatio, homlnium, {. Homage.

Homine replegiando. See Ds.

Homiplagium. The maiming of a man.

Homo, I. A human being; a vassal. Homo potest esse habilis et in-
habilis diversis tempoiibus: a man may be capable and incapable at
divers times. Homo francus, ingenuus, liber: a freeman.

Homologacion, spari. An approval, usually by implied consent of an
act of appointment or sentence by arbitrators, etc.

Homologation. Approbation; confirmation.

Honeste vivere, alteii non bedere, suum cuique tritmere, {. To live
honestly, injure not another, render to each his own.

Honour, /r., honor, Z. Honor. A nobler sort of seigniory; see Chal-
lenge; Acceptance. Honorary service: that incident to grand
serjeanty; see Serjeanty.

Honoraritun, I. An honorary or free gift, which cannot be exacted.

Hoo. AhiU.

Hope. A valley.

Hor» juridical, I. Hours in which the court sits.

Hordera. A treasurer.

Hore, ore, fr. Now.

Hornbook. An elementary book of any science.

Horn tenure. Comage, q. v. Homgeld: a tax on homed beasts in a
forest.

Hors, fr. Out; without; out of. Hors de son fee: out of his fee, an old
plea to an action to recover rent on services. Hors piis: except.
Hon de temps: out of time.

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HORTUS— IBI 211

Hortii8»Z. A garden.

Hospes, pi. hospites, I. Guest; host.

Hospitia curUe, L Inns of court. Hospitium: household.

Hospitelarius, L hostelier, fr. An innkeeper.

Hospitidde. One who kills his host or guest in an inn.

Hostes,!. Enemies. Hostes humani generis: pirates.

Hotchpot A mixing together, throwing into a common stock; as of a
child's advancement, when an inheritance is to be divided; see B BL
Com, 190; S. Pick, 450; Rob. El, L, Reu. ed., § 361.

Housebote. See Bote.

House of Lords. See Ck)URT, 13.

How, howe. A hill.

Hough. A valley.

Hue and cxy. The alarm, and pursuit of a felon, in which all were bound
to join; see 4 Bl Com. 293; Rob, El. L. Rev, ed., § S84,

Huebra, span. An acre of land.

Hui8,hii79/r. A door.

Hullua. A hill.

Humagium. A moist place.

Hundred. A portion of a county usually containing ten tithingEi and a
hundred frankpledges, in which all were liable, in case of an offence
within the district, to produce the offender or make good the damage;
see 60 Conn. 1B4; 1 Bl, Com. 116; 4 id. 411.

Hundred court See Court, 30. Hundred gemote: eee Coitbt, 31.

Hurst A little wood.

Httsbrece. Housebreaking.

Huscarle, sax, A domestic; a vassal. Huafastene: a householder.
Httsgadlum: house rent or tax.

Hustings. The principal court of the city of London. The raised place
from which candidates for Parliament address the electors; eee Coitbt,
58, 60; S Bl, Com, 80.

Hutesium et damor, I. Hue and cry, q, v.

Hypotheca, {. A pledge for a debt without delivery of the property
pledged; hypothecation; see 2 Bl. Com, 169.

Hypothetical question. A question, fairly representing the facts, of
which testimony tending to prove has been presented, put to an ex-
pert witness to obtain his opinion thereon; aee Wig. Ev., ( 67B el seq.

Hythe, sax. A wharf or haven.

H y ste ro tomy. The CiBsarean operation.

Ibi, {. There; in that place. Ibi semper debet fieri triatio, ubi Jura-
tores meliorem possunt habere notitiam: a trial ought always to be
held where the jury can get the best information.

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212 IBID— IMPANEL

Ibid., for ibidem, I. In the same place.

Icel, icehiy, icelle, iceuz, /r. This; him; these; those.

Ictus. A bruise produced by a blow, falling short of a wound.

Id, I, That; see Certum. Id est (abb. i. e.) : that is. Id possumus quod
de jure possumus: we can do [only] that which we can do lawfully.

Idem, L The same. Idem agens et patiens esse non potest: the same
person cannot be both agent and patient. Idem est non esse et non
apparere: not to appear is the same as not to be. Idem per idem:
the same for the same. Idem sonans: sounding the same; see B7
Tex, App. 30,

Identitate nominis, {. A writ that lay for him who upon a caputs or an
exigent was taken and committed to prison for another man of the
same name.

Ideo, L Therefore. Ideo queere: therefore inquire. Ideo considera-
tum est: therefore it is considered.

Idiota inquirendo, l. An old writ to inquire whether a man was an
idiot or not, by a jury of twelve men; if so found, the profits of his
land and the custody of his person might be granted by the sovereign
to any subject who had interest enough to obtain them; see 1 Bl.
Cam, SOS.

Idoneus, {. Sufficient; adequate.

Ignitegiwn, I. Curfew.

Ignominy. Without esteem; public disgrace.

Ignorare, L To be ignorant. Ignoramus: see Bill, I. 6.

Ignorantia eorum qu» quia scire tenetur non excusat, L Ignorance of
those things which any one is held to know is no excuse. Ignorantia
fact excusat, ignorantia juris non excusat: ignorance of fact is an
excuse, not ignorance of law.

Ignotum per ignotius, L A thing unknown by something yet more
unknown.

n, fr. It; he. H covient: it is proper. H est communement dit: it is
commonly said.

Illicit. Forbidden by law.

niicitum collegium, L An unlawful corporation.

niocable. Not capable to be hired.

niud, I That.

niungue, illongues, etc., /r. There.

Illusory appointment The appointment by a person having a power
to appoint real or personal property among a class, of a merely nom-
inal share to one of that class, practically excluding him; frequently
forbidden by statute; see Power.

Immemorial. Before the time of Richard I., that is, before a. d.
1186; see Time.

Immobilis, {. Immovable. Immobilia situm sequuntur: things immov-
able follow [the law of] their site.

Impanel. To enter the names of the jurymen on the panel, a bit of

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IMPARLANCE— IMPROPRIATION 213

parchment attached to the venire fadaa. In America, to choose the
names of jurors for a particular case.

Imparlance. Leave given to the defendant to talk with the plaintiff
and settle the suit amicably; an extension of time for pleading; a
continuance; a stay of execution; see CoNTiNnANCB.

Imparsonee. Inducted into and in possession of a benefice; eee
Induction.

Impeachment of waste. Liability for waste; also, a demand or suit for
waste conmiitted; eee B BL Com, 283.

Impediens, I. One who hinders; a defendant; a deforciant. Impeditor:
the disturber in quare impedit,

Impedimento, span. A prohibition to marry.

Inq>ens», {. Outlay; expense.

Imperitia^ I. Unskilfulness. Imperite: unskilfully. Imperitia caipm ad-
numerator: want of skiU is reckoned a fault [culpable negligence].

Impeiium, I. Power; conunand; authority.

Impetere, {. To impeach; to conunand; to sue. Impetitio vasti: im-
peachment of waste.

Impladtare, I. To implead; to sue.

Implead. To sue.

Implied. See Assumpsit; Colob; Condition; Conbidbration; Cov-
enant; Malice; Trust; Wakbantt.

Importer, emporter, fr. To carry away.

Impositio, I. Imposition; a tax or tribute.

Impossibilis, {. Impossible. Imposaibilium nulla obligatio estt there is
no obligation of [to do] impossible things.

Impotentia excusat legem, I. Inability excuses the law. [Impossibility
or inability is an excuse for not doing what the law requires].

Impound. 1. To put in a pound, q. v.; see 3 Bl. Com. It; 1B6 Maes.
364' 2. To retain in the custody of the law; as of a forged or suspi-
cious document produced at a trial.

Impressment. Seizing mariners for the King's service; see 1 BL Com,

Imprimatur, {. (Let it be printed.) A license to publish.

Imprimere, I. To print or impress.

Imprimis, I. In the first plac«; first of all.

Impristi. Supporters.

Imprisonment. Confinement of any description; see Bob. El. L. Rev.
ed., § e07; False.

Improbare, I. To disapprove; disallow.

Improbation. In Scotch law, an action to annul an instrument by prov-
ing it false or forged.

Improper feud. A feud held otherwise than by military service; see
Pbud.

Impropriation. Appropriation of benefices to other than the proper
spiritual uses; a living held by a layman or lay corporation.

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214 IMPROVE^IN

Improve, 8c. To disprove, invalidate, or impeach.

Impmiare, I. To improve land. Impmiamentum: the improvement of
land.

Impunitas semper ad deteriora invitat, L Impunity always encourages
greater faults; see Malbficia.

Impuris manibus nemo accedat curiam, I. Let no one oome to court
with unclean hands.

Imputatio, I Legal liability.

Imputation of payments. Application of payments, q, v.

In, I. In; into; in possession. Inadversum: against an adverse or un-
willing party. In asquali jure, melior [potior] est conditio possidentiB
[defendentis]: in equal right, the possessor [defendant] has the better
condition [position]. In equali manu (m equal hand) : in the hands
of a third person. In alieno solo: on another's land. In alio loco: in
another place; see Cepit. In ambigua voce legis ea potius acdpi-
enda est significatio qu« vitio caret: m an ambiguous expression of
law, that meaning should be taken which works no wrong. In Anglia
non est interregnum: in England there is never any interregnum.
In antea: henceforth. In aperta luce: in open daylight. In arUtrio
alieno: in the discretion of another. In arbitrio judids: in the dis-
cretion of the judge. In arcta et salva custodia: in close and safe cus-
tody. In artlctdo mortis: at the point of death. In banco: in bane.
In bonis defuncti: among the goods of the deceased. In camera: a
hearing in private. In capita: to the polls; see S Bl. Com, S61, In
capite : in chief; see Caput. In casu consimili : in like case; see AcmoN
ON THE CASE. In casu consimili, proviso: see Casu. In casu ez-
trem» necessitatis omnia sunt communia: in cases of extreme neces-
sity, all is common property. In commendam: in commendation;
see CoMMBNDUM. In communi: in oonunon. In consideratione inde:
in conmderation thereof. In consideratione legis: in contemplation
of law; in abeyance. In consimili casu consimile debet esse reme-
dium: in like cases the remedy should be similar. In consuetudinibus
non ditttumitas temporis sed solidatas rationis est consideranda: in
customs, not the length of time, but the strength of the reason should
be conffldered. In continenti: immediately. In contractibus tadte
Insunt quA sunt moris et consuetudinis: in contracts matters of
custom and usage are tacitly implied. In conventionibus contrahen-
tium voluntatem potius quam verba spectari placuit: in agreements
it is better to regard the will of the parties than the mere words.
In corpore: in body; in substance. In crastino animamm: on the
morrow of All Souls'; see 1 Bl. Com. $42. Incrimlnallbus suffidt
generalis malitia intentionis cum facto paris gradus: in criminal oases
a general malice [of intention] is sufficient pf coupled] with an act of
equal degree [of wrong]. In cujus rei testimonium: in testimony
whereof. In curia: in court. In custodia legis: in custody of the law;
see 10 Pet. 400. In damno: in damage. In defenso: in prohibition;

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IN 215

enclosed. In delicto: in fault; guilty. In descendu: by descent; see
FoRMEDON. In diem: for a day. In disjunctivis suffidt alteram par-
tem esse yeram: in disjunctive [conditions] it is enough that either
part be true [happen, be performed]. In dominico: in demesne. In
dominioo boo ut de feodo: in his demesne aa of fee. In dorse: on the
back; aee 2 BL Com. 468. In dubio, in dabiis: in doubt, in uncertain-
ties. In dttbiis benigniora prsferenda sunt: in doubt the more fav-
orable views are to be preferred. In dubio pars mitiora est seqnenda:
in doubt the milder course is to be preferred. In dubiis non prsBsani-
itisr pro testamento: in cases of doubt there is no presumption in
favor of a will. In dnplo, In duplum: in double, for the double value.
In dmiorem sortem (to the harder lot) : to the more burdensome debt.
In eo quod plus sit semper inest et minus: in that which is greater
the less is always contained. In est de jure: it is implied of right or
by law. In esse: in being. In essentialibus: in the essential parts.
In ezcambio: in exchange. In ezitu: in issue; at the end. In extenso:
in its full extent. In extremis: in the last extremity [dying]. In facie
cnritt: before court. In fade ecdesis: in the face of the church; see
2 Bl. Com. lOS. In fadendo (in doing) : for the performance. In
facto: in fact; in deed. In favorem libertatis: in favor of liberty. In
favorem vit» omnia presumuntur: all things are presumed in favor
of life. In feodo: in fee. In fictione juris semper subsistit asquitas:
in a fiction of law there always remains [must exist some] equity. In
fieri: in becoming; in being done; imperfect; mcomplete; see S Bl. Com.
Ji07. In flagrante delicto: in the heat of the offence. In forma pau-
peris: in the character of a pauper. In foro: in the tribimal, or court;
see Forum. In fraudem legis: in fraud of the law. In future: in
future; at a future time; see 2 Bl. Com. 166, 176. In genere: in kind.
In gremio legis: in the bosom of the law; in abeyance. In hac parte:
in this behalf. In luec verba: in these words. In hunc modum: after
this manner. In Individuo: in distinct form; in the piece. In initio,
initialibus: in the beginning; the preliminaries. In integrum: anew;
to the original or complete state. In invitum: against an unwilling
party. In itinere : on the way; see Assize. In judido : before a judge;
in court. In judido non creditor nisi juratis: in court belief is only
given to persons sworn. In jure: in law. In jure non remota causa
sed proxima spectatur: in law the nearest, not the remote, cause is
regarded. In jure alterius: in the right of another. In jure proprio:
in one's own right. In jus vocare : to summon to court; see S Bl. Com.
279. In lecto: on the death-bed. In libera eleemosyna: in frarikal-
moign. In liberosoccagio: in free socage. In limine: on the threshold;
at Uie outset. In linea recta: in the direct line. In loco parentis:
in the place of a parent. In majore summa continetur minor: in the
greater sum is contained the lesser. In malefidis voluntas spectatur
non exitus: in crimes the intent, not the result, is regaided. In. male'
lldo'iatibabitio mandate comparatur: in a wrongful act a ratification

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216 IN

is held as a command. In mero jure: of mere right. In misericordia:
in mercy y q. v. In mitiori sensu: in the milder sense. In mora: in de-
fault; in delay. In mortua manu : in dead hand; in mortmain ; see 1 Bl.
Com, 479. In nubitms (m the clouds) : in abeyance. In nullius bonis:
in the property of no one. In nullo est erratum (in nothing has there
been error): the name of the plea of joinder in error. In octavis: on
the octave, an ancient return-day. In odium spoliatoris : to the hatred
[prejudice] of the despoiler. In odium spoliatoris omnia praesumun-
tur: every presumption is made against a wrong-doer. In omnibus:
in all things; in all points. In omnibus poenalibus Judidis et etati
et imprudentifle succurritur: in all penal judgments youth and want
of imderstanding are favored. In ore: in the mouth. In pace Dei
at regis : in the peace of God and the King. In pari casu : in a similar
condition. In pari delicto potior est conditio possidentis [defend-
entisj: where the fault is equal the party in possession [defendant]
shall prevail. In pari materia: upon the same subject; see 7 Conn.
466, In patiendo: in permitting; in suffering. In pendente: in sus-
pension. In perpetuum: forever. In perpetuam rei memoriam: in
perpetual memory of a matter. In perpetaum rei testimonium: for
perpetual testimony of the thing; see 1 Bl. Com. 86. In personam:
against the person. In pios usus: for religious purposes; see 2 Bl.
Com. 506. In plena vita: in full life. In pleno comitatu: in the full
county court; see S Bl. Com. S6. In poenalibus causis, banignius
interpretandum est: in penal cases the more favorable interpretation
should be made. In posse: in possibility. In posterum: hereafter.
In potestate parentis: in the power of a parent; see 2 Bl. Com. 498.
In prsesenti: at the present time; see 4 La- Ann. 347. In prsesentia
majoris cessat potentia minoris: in the presence of the superior the
power of the inferior ceases. In principio: at the beginning. In
propria persona: in proper person; in one's own person. In proximo
gradu: in the nearest degree. In quantum lucratus est: in so far as
he has profited. In quindena: in fifteen days, an old return-day.
In quo quia delinquit, in eo de jure est puniendus: in that in which he
offends, he may lawfully be pimished. In quovis: in whatever. In
ra : in the matter; in the affair; see Ad rem. In re aliena : in the affairs
of another; in another's property. In re propria: in one's own affairs.
In rebus: in matters; in cases. In rem: against the thing; see Ad
RBM. In rem suam: in one's own affairs. In rem versum: employed
in one's own profit; actually used in one's own affairs. In rerum
natura: in the nature of things. In retentis (in things held back): to
be kept back until wanted; taken and preserved secretly. In rigore
juris: in the rigor of the law. In rixa: in a quarrel. In scaccario: in
the exchequer. In solido (in the whole) : for the full amount; for the
entire obligation; jointly and severally. In solidum: for the whole;
as a whole; exclusively. In solo proprio: in one's own land. In solu-
tom: in payment. In spe: in hope; in expectation. In specie: in kind;

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IN— INCIPITUR 217

in the same form; specific. In statu quo ante bellum: in the state in
which [the matter was] before the war. In stipulationibtts id tempus
spectator quo contrahimtis: in agreements the time in which we con-
tract is regarded. In stipulationibus quum qoeritur quid actum sit»
▼erba contra stipulatorem interpretanda sunt: in contracts where
there arises a question as to what was done, the words are to be taken
against the (stipulator) person to whom the promise is made. In
stirpes: according to roots, or stocks; see Stirps; Per stirpes. In
stricto jure: in strict law. Insubsidium: in aid. Insubstantialibus:
of a substantial nature. In summa: in sum; on the whole. In suo
genere: of their own kind. In supeifide: in the surface. In suspense:
in suspense. In tantum: insomuch; forasmuch. In tenninis ter-
misantibus: in terms of determination. In terrorem (in terror): by
way of threat. In totidem vert)is: in so many words. In toto: en-
tirely; as to the whole. In toto et pars continetur: in the whole is
contained the part also. In traditionibus scriptorum, non quod dic-
tum est, sed quod gestum, inspidtur: in the delivery of deeds, not
what is said, but what is done, is regarded. In transitu: in transit;
during conveyance; ue Stoppaob. In tuto: in safety. In utero: in
the womb. !bi vadio: in gage or pledge. In vinculis: in chains. In
vita: in life.

In, /r. & eng. See En; In, 2.

In action. Recoverable by action; not in possession. In bank, banc:
a full court; all the judges; Full Bench, q,v. In blank: an indorse-
ment simply of the indorser's name, without restricting it to any
indorsee, whereby the note becomes payable to bearer. In chief: 1.
Tenure in capite, directly of the chief lord or of the Crown, is so called.
2. The first examination of a witness, before the cross-examination.
In mercy: a phrase in the record of old judgments, denoting that
the defendant was in mercy of the King, liable to amerciament,
for his delay; or the plaintiff and his pledges, pro false damere sue,
for his false claim. In prender: in taking, a term applied to such
incorporeal hereditaments as the person might take for himself, in
distinction from such as were in render, in 3delding or pa3ring, which
the party liable, or the tenant, had to offer.

Inblaura. Profit or product of the ground.

Incendiary. One who conunits arson, or malidously bums any valu-
able property; see 4 Bl. Com. S77.

Incerta pro nuUis habentur, I. Uncertfun things are hdd as void.

Incest. Sexual intercourse between persons who are so related that
marriage would be unlawful; see 4 Bl. Com. 64; 78 N, C. 4^9; Rob. El.
L. Rev. ed., $ 505,

Inchoate. Begun; indpient. Inchoate dower: a woman's interest in
a husband's land during his lifetime; see 2 Bl. Com. ISO.

ladpitur, I. It is begun: a term applied to an abbreviated entry on the
record, as of a judgment or other proceeding.

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218 INCIVILE— INDORSEMENT

Indvile, I. Irregular; against due course of law; improper.

Indosure. The extinction of rights of common in land.

Indissio iinitts est ezclosio alterius, I. The inclusion of the one is the
exclusion of the other.

Incompatibility. Irreconcilable inconsistency. Incapable of harmoni-
ous union.

Incontinanca. Indulgence in unlawful sexual commerce.

IncorporaliSy I, incorporeal. See Hereditament.

Incrementum, L Increase. Incremanta: additions; increase of land
by the sea.

Incumbent A clergyman resident on his benefice.

Incumbrance. Every right to or interest in land which may subsist
in a third person to the diminution of the value of the land, but con-
sistent with the passing of the fee by the conveyance; «ee /2atoIe,
Coo, Tit, 94; 4S Conn. 1S8; 4 Mass. 627.

Inde, I. Thence; thereof; therefrom; thereupon; see Et.

Indebitatus assumpsit^ L Being indebted, he undertook; see Assump-
sit; S Bl. Com. 166; Rob. El L. Rev. ed., i 266. Indebitatus nunqvaiii:
never indebted.

Indabiti solutio, L The payment of something not due.

Indefeasible. That which cannot be defeated or made void.

Indefinite failure of issue. A failure of issue to a person at any time,
before or after his death; see Dting.

Indemnity. See Bill, II. 2.

Indenture. A deed indented or notched; see Desd; Fine; 2 Bl. Com.
296, S61,

Independent See Covenant; Condition.

Independent contractor. One who undertskes a piece of woik do-
pendent upon his employer only as to final results of his woik; see 88
Tenn. 692; Big. Torts, 8th ed. 69.

Index animi sermo, L Speech is the indicator of intention.

Indicare. To show or designate.

Indicavit, I. A writ of prohibition which lay for the patron of a church
whose parson was sued in the ecclesiastical court in an action of
tithes by another clerk, when the tithes in question amounted to a
fourth part of the value of the living; in which case the^uit was cog-
nizable in the " King's court," i. e., the common law courts; see $ BL
Com. 91.

Indicium, pi. indicia, 2. Sign; mark; badges; tokens; evidence.

Indictare, L To indict. Indictment: see Bill, I. 6.

Indiction. Fifteen years in time.

Indorsee. One to whom a bill is indorsed.

Indorsement The writing of his name on the back by a payee, drawee,
or holder of a note or bill, whereby the property in it is transferred;
a writing on the back of an instrument; see Rob. El. L. Rev. ed., § 169;
In blank. An indorsement in full, or apodal indorsement, has added

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INDUCEMENT— INFORMATION 219

the name of the person to whom the note or bill ia assigned. An in-
donement without recoune is a kind of qualified indorsement,
effected by writing the words " without recourse/' or words of like
meaning, after the indorser's name. The indorser thereby passes the
title without incurring an indorser's Uabilities for non-acceptance or
non-payment.

Inducement. A preliminary statement of facts in the declaration of
slander; see Rob. El. L. Reo. ed., { S09; Colloquium.

Indudte, I. A truce; delay or indulgence.

Induction. The ceremony of giving a clergyman actual possession of
the temporalities of a benefice, after the institution; as by holding the
ring of the door, tolling the bell, or the like; whereupon he l)ecomes
imparsonee.

Indulto, span. The royal right of pardon.

Inest de jure, I. It is implied in the right; imphed by law.

Infamis facti, L General bad character, as distinguished from infamia
juris, infamy arising from a legal conviction for crime.

Infangthefe, sax. A privilege of a lord of a manor to judge any thief
taken in his fee; see Outfanothsfb.

Infans, I. A child under the age of seven.

Infant. A person under twenty-one; see Rcb, El. L. Beo. ed., § 18S.

Infantia, I. The age from birth to seven years.

Infanticide. The murder of a full-bom infant.

Infanzon, span. One of noble birth.

Infeft, 8c. To give seisin; to enfeoff.

Infeodare, I. To ^ve a fee; to give seisin; to enfeoff. Infeodatio:
enfeoffment.

Infeodation, infeudation. Enfeoffment. Infeodation of tithes: the
granting of tithes to laymen.

Inference. A reasonable deduction or conclusion drawn from facts or
propositions known to be true; see 44 Wie. 336.

Inficiatio, I. Denial, especially of a plaintiff's allegation.

Infinitum in jure reprobatur, I. That which is endless is disapproved
of in law.

Infirmative. Having a tendency to render infirm; to weaken.

Information. A complaint against a person for some criminal or penal
offence, filed by the proper officer, on behalf of the Crown or people,
at his own discretion, on the relation or information of some private
person; resembling in criminal cases an indictment, but not founded
on the oath of a jury, and in civil cases like the bill or declaration; in
each class the subsequent proceedings being as usual; eee Rob. El. L.
Rev. ed., § 691. An information in Chancery is a bill instituted by
the Attorney-General on behalf of the Crown. An information in
the Exchequer has its object to recover money due the Crown, or
damages for an intrusion upon Crown lands. An information on a
penal statute gives the informer a share in the penalty; see Quo

WABRAMTO; Qui TAM.

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220 INFORMATUS NON SUM—INLAGH

Infonnatos non sum. See Non sum infobbcatub.

Infortunium, L Misfortune; misadventure; see Homicide.

Infra, I, Below; underneath; within. Infra aetatem: under age. Infra
annos nubiles: under marriageable years. Infra annum: within a
year. Infra annum luctus: within the year of mourning. Infra
brachia: within [her] arms. Infra corpus comitatus: within the body
of a county [where the jurisdiction of Admiralty ceases]. Infra digni-
tatem curiae: beneath the dignity of the court. Infra hospitium:
within an inn. Infra presidia: within guards; under protection; see
1 KerUf 104' Infra quatuor maria: within Uie four seas, q. v.; in
England. Infra regnum: within the reahn. Infra sex annos: within
six years. Infra tempus semestre: within six months.

Ingenuus, I, One who was free-born and still maintained his freedom.

Ingressus, L Entry; ingress. A relief paid by an heir to the head lord.
Ingressu, de ingressu: a writ of entry. Ingressus et egreasus: free-
dom of entry and exit.

Inherent. See Condition; Covenant.

Inheritable blood. Blood capable of transmitting an inheritance; as
that of a legitimate son unattainted.

Inheritance. An estate or interest in property which may pass by de-
scent from one person to another.

Inhibition. A writ from a higher ecclesiastical court to restrain pro-
ceedings in a lower; any prohibition made by law.

Iniquum est aliquem rei sui esse judicem, I. It is unjust for any one
to be judge in his own cause.

Initiate. Begun. Initiate curtesy: the interest of a husband, diuring
his wife's life, in her lands, after the birth of a child capable of in-
heriting; see Cubtesy; SBl Com, 1S7,

Initium, I. The beginning.

Injunction. A prohibitory writ issuing from a court of equity for-
bidding a party to do or suffer a certain act; see Rob. El. L. Rev, ed.,
i SJ!f9, A mandatory injunction forbids a party to allow a thing now
existing to continue, and amounts to a direction to him to remove it;
see 20 Am, Dec, 389, A preliminary or provisional injunction is
granted at the outset of a suit, or pendente lite, to restrain the party's
action until the suit has been determined; a final or perpetual injunc-
tion prohibits the party forever from doing the action or continuing
the existence of the thing, and is granted as a means of permanent re-
lief upon the end of the suit. Common injunction: one granted on
default.

Injuria, I. Injury ; legal wrong ; tortious action. Injuria absque danmo :
wrong without damage; see Rob, El. L. Rev. ed., { 196. Injuria non
prsesumitur: tortious action wUl not be presumed; see Damnum. In-
juria non excusat injuiiam: one tort does not excuse another.

Inlagare, I. To restore to law; to take back an outlaw.

Inlagh. One who is under protection of law.

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INLAND BILL OF EXCHANGE— INSTANCE COURT 221

Inknd biU of ezcfaanga. One drawn and payable within Great Britain
and Ireland, and the adjacent ialands which are part of the British
dominions. One where both drawer and drawee reside in the same
country.

Innocent Not tortious. See Conyetancb.

Innotescimus, I, We make known; words used in letters patent.

Innovation. Novation, q. v,

Lmoziarey L To declare one innocent of a fault.

Inns of Chancery. Clifford's Inn, Clement's Inn, New Inn, Staple
Inn, and Barnard's Inn; formerly also Fumival's Inn, the Strand
Inn, Lyon's Inn, and Thavies' Inn, with Serjeants' Inn, which con-
sisted of Serjeants only. They were formerly preparatory colleges
for students, inhabited by clerks in chancery, attorneys, etc.; but per-
formed no public functions, and are now sunk into insignificance; see
1 Bl. Cam. «5, BS.

Inns of Court The four law societies of the Middle Temple, Inner
Temple, Lincoln's Inn, and Gray's Inn, which in England are privi-
leged to confer the degree of barrister at law.

Innuendo, l. Meaning; the clause in a declaration explaining slander-
ous matter; see S BL Com, 126; Colloquium.

Inofidoddad, span. Anything done contrary to moral obligation and
duty.

Inoffidosum, I. Undutiful. Inoffidosum testamentum: an unnatural
will; one disinheriting a child.

Inops consilii, L Destitute of counsel.

Inordinatos, L An intestate.

Inquest A judicial inquiry; espedally by a coroner's or sheriff's jury.
The finding of a jury. Inquest of office : the inquest of a king's officer,
coroner, or escheator, either by writ or commission, or virtvie officii,
into a matter in which the King is interested; the escheat of lands on
attainder, etc. The verdict was called office found.

Inquiry, Writ of. See Wbit.

Inquisitio post mortem, I. Inquest after death; an inquest of office
held on the death of a tenant in chivalry; see 2 Bl. Com. 68; Sid. 268.

Insensible. Unintelligible.

Insidiatores vianun, I. Highwaymen; eee 4 Bl. Com. S74.

Insimul computassent, I. (They accounted together.) An action upon
an account stated; one of the common counts; see S Bl. Com. 164.

Insinumdon, span. To present a public document to a judge for his
sanction.

Indnomtio, I. Suggestion. Bz insinumtione: on the information of.

Inspection, Trial by. The trial of some issue in a suit by the decision
of the judges upon the testimony of their own senses; as of the nonage
of one of the parties, an appeal of mayhem, etc.

Instance Court The ordinary Court of Admiralty, as distinct from
the Priie Court; see CoubTi 91.

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222 INSTANCIA— INTEREST

Instanda, span. The pursuing of a law suit from its beginning to
judgment.

Instanter, L Immediately; see 4 Bl. Com. 396.

Instar, I. Likeness; equivalent. Instar dentium: like teeth.

Institor, I. A clerk or agent.

Instrumenta, L Writings not sealed, offered as' evidence.

Ingtituta, I., institutes. 1. Elements of the Roman law compiled under
Justinian. 2. Coke's Institutes.

Institutio, I., institution. The investiture of a clerk by the bishop; the
ceremony of ordaining him eDa rector of a parish; aee Inductign.

Insula, L An island.

InsultuSy I. An assault.

Insuper, I. Moreover; over and above.

Insuranca. A contract of indemnity against certain risks for a pecun-
iaiy consideration; see Assurance.

Integer, I. Entire; untouched; fresh. Res Integra: a new matter,
hitherto undecided; see 2 Keni, 177.

Intendenta, span. An agent of the financial department of the govern-
ment.

Intendment of law* The true meaning of the law. A presumption.

Intentio, l. 1. The plaintiff's demand, count, or declaration. 2. In-
tention; purpose. Intentio c«ca mala: if the purpose is obscure, it is
ineffectual. Intentio debet inservire legibus non leges intention!:
the intention should accord with the laws, not the laws with the in-
tention.

Inter, I. Between; among. Inter alia: among others. Inter alios acta:
things done between other persons [than the parties]. Inter amicos:
among friends. Inter arma leges silent (among arms) : when appeal
is made to arms the laws are silent. Inter ceteros: among others.
Inter canem et lupom (between dog and wolf) : twilight. Inter partes:
between parties. Inter rusticos: among illiterate persons. Inter se:
among themselves. Inter sese: among themselves. Inter vivos:
between persons living. Inter virum et uzorem: between husband
and wife.

Intercommoning. A mutual privilege of common, enjoyed by two
townships or manors in each other's lands.

Interdict 1. An injunction. 2. An ecclesiastical censure, prohibi-
tion of divine services; interdiction. 3. In Scotch law, a legal re-
straint from executing deeds, imposed on persons of weak mind.

Interesse, I. Interest; an interest in lands or money. Interesse ter-
mini (the interest of a term) : the estate of a lessee for years in the land
before his entry; see S Bl. Com. I44.

Interest, I. It concerns; it benefits. Interest reipublic», it is of public
importance, ne maleflda remaneant impunita, that crimes should
not remain unpunished; ne sua quia male utatur, that no one make
bad use of his property; quod homines conserventur, that the [Uvea

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INTERIM ORDER— INVENIENDO 223

of] men be preserved; ras Judicatas non resdndi, that things once ad-
judged should not be rescinded; saprema hominum testamenta rata
haberi, that men's last wills be held valid; ut caiceres sint in tato,
that prisons be secure; ut finis sit litium, that there should be an end
of suits.

Interim order. One taking effect temporarily until some future event.

Interlineation. Writing between two other lines of writing.

lateriocutlo, l. Imparlance, q. v,

Interiocutor, sc. An order or decree of court.

lateriocutory. Immediate; temporary; see Decree; CSostb.

Intern. To restrict a person within a certiun territory as a political
prisoner.

International law. Customs and precedents affecting intercourse be-
tween nations, or persons of different nations, and sanctioned by
usage or approval of nations generally; see Rcb. El, L. Rev, ed., {§ 4,
41s J 434. International private law, or private international law: the
law of the application of the laws of one nation, as to civil or private
rights, within the courts of another nation; the rules of the " conflict
of laws.'' So international public law, when applied to public or
criminal cases.

Interpleader. See Bill, I. 7.

Interpret See Conbtbub.

Interpretatio chartarum benigne fadenda est ut res magis valeat qvam
pereat, I, The interpretation of deeds is to be liberal, that the thing
may rather have effect than fail.

Interrogatories. Questions in writing administered to a party or a
witness; see 3 Bl, Com. S8S; Rob, El, L, Rev. ed., { S72,

Intermptio, I, Interruption; interference, as of or with a prescription.

latestabilis, U An incompetent witness.

Intestable. One who cannot lawfully make a testament.

Intestate. A person deceased without a valid will; see Rob. El. L. Reo.
ed., § 40s,

Intra, I. Within. Intra mcenia: within the walls; domestic. Intra
parietes (between the walls): among friends; out of court. Intra
quatuor maria: within the four seas. Intra vires: within the power.

Intromission. Assuming authority over another's property, whether
lawfully or not.

Intrusion. The entry of a stranger on land, at the death of a freehold
tenant, to the prejudice of him in remainder or reversion; see Wnrr
OF Entry; Information.

Intuitu matrimonii, mortis, I, In contemplation of maniagei death.

Inure. To result or take effect.

Invadiare, I. To pledge or mortgage. Invadiatio: a gage, or pledge.

Invecta et illata, Z. Things brought and carried in; a tenant's furniture.

Inveniendo, I, Finding; a word used in reserving rent. Inventus:
found. Inventis: finding.

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224 INVESTITURE— JAIL

Inyastitttra. Giving possessioiiy whether of a fee or benefice; aee 2 BL

Com, 2S, 63,
Invito, 2. Unwilling. Invito benefidum non datur: a benefit is not [may

not be] given to a man against his will. Invito domino, debitore:

against the will of the lord, the debtor.
Ipse, I. He; himself; the same. Ipsissimis verbis: in the very words;

see 7 How. 719, Ipso facto: by the fact itself. 4nk> jure: by the law

'itself; by the same law.
Ire ad largum, I, To go at large.
Irrecusable. A contractual obligation imposed on a person without his

consent or act; see Harr. Cord. 2d ed., § 615,
Irrigation. The artificial watering of agricultural land in arid regions

by means of sluiceways or ditches dug through the land from a

reservoir; see Rob. EL L. Rev. ed.y {{ 64, 68, 126.
Irritancy, sc. A becoming void, or null.
Irritus, I. Void; invalid; in vain.

Irrotulatio, irrotulamentum, I. An enrolment, roll, or record.
Is qui cognosdt, 2. Thecogniror. Is cui cognoscitur: thecognizee.
Is8int,/r. So; thus.

Issuable. Traversable; making an issue.

Issue. 1. A single point, developed by the pleadings, on which an ac-
tion turns, which may be of fact or law; see S BL Com. SI 4; Rob.

EL L, Rev. ed., { S26, 2. Descendants, in general; [in a will] heirs;

children. 3. See General Issue. 4. Issues; profits.
Ita, L So; thus. Ita est: so it is. Ita lex scripta est: so the law is

written. Ita quod:, so that. Ita semper fiat relatio ut valeat dispo-

sitio: let the reference be always so made that the disposition may

be valid. Ita te Deus adjuvet: so help you God.
Item, L Also; a single charge in an account.
Iter, L Way; path; right of way; joiuney; the circuit of a judge; see

Assize; Etre. Itinera: eyres; circuits. In itinere: on the way.

Itinerantes: travelling; in eyre.

Ja,/r. Yet; now. Ja demains: furthermore. Jesoltque: although.

Jacere, L To he. Jacens: lying; in abeyance; see Hareditas. Jacet
in ore: it hes in the mouth..

Jilctitation. Boasting of something which is denied by another. Jacti-
tation of marriage: a boasting of marriage; see 2 BL Com. 93; Causa.

Jactura, L Jettison; loss by jettison.

Jactus, L Jettison; thrown; cast; defeated; ject, q. v.

Jacttts lapilli, L The throwing down of a stone, bdng a ceremony to
interrupt a prescription developing a title.

Jail. 5eeGAOL.

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JAVELOUR— JUDEX 225

Javelinir. A jailer.

Ject, /r. Cast; overthrown; defeated; computed.

Jeo,/r. I. Jeo ay, done, soy, guarantisa: I have, give, am, warrant.

Jeofail, /r. An oversight or mistake in pleading; see Rob, EL L. Rev,

Jeofails, Statute of. A statute giving liberty to amend errors in plead-
ing; and particularly the 14 Edw. III., st. 2, c. 6; aeeS Bl, Com, Jfitf;
4 id, S76, 439.

Jeopardy. Peril; danger; see 4 Bl. Com, 335; Cooley Const. Ldm, SiS7,

Jetsom, jettison. Part of the cargo thrown over to lighten the -ship;
see Flotsam.

Jocalia, I. Jewels.

Jocus partitas, I. A divided hasard; an old method of settling a case
upon a chance.

Joinder. A uniting together; a meeting. Joinder in demurrer, or of
issue: the pleading answering and accepting a demurrer or issue, a
similiter.

Joint. United; combined; shared; the reverse of several, q, v. Joint
action : one in which two or more parties are joined as plaintiffs. Joint
bond: one entered into by two or more obligors, which can be enforced
only by action against them all together. Joint stock company: a
kind of extended partnership, formed by voluntary association with-
out a charter or patent, in which the capital is divided into shares
which may be assigned without the express consent of the other mem-
bers.

Joint and several. A liability so created, with two or more parties on
one side, that the creditor may sue one or all at his own option.

Joint tenants. When two or more persons acquire land at the same time
by the same title, other than by descent, they hold it in a joint
tenancy. Each is seised of the whole, per my et per tout, as well as the
half; there is right of survivorship, but no dower or curtesy; and
there must be the four unities of possession, title, time, and interest;
see 2 Bl, Com. 193; Rob. El. L. Rev. ed,, § 106; Copabcbnabt;
Common.

Jointure. An estate settled before marriage upon the husband and wife
jointly; or limited to the wife after the death of the husband, to be
enjoyed by her in lieu of dower; see 2 Bl. Com, 137; Rob. El, L. Rev,

erf., 5*4.
Jour,/r. A day. Jour en banc: a day in bank.
Joum6e, fir. A court day.
Journeys accounts. The name of a writ sued out of Chancery as soon

as possible after the abatement of a former writ, and which had effect

as a continuance of the first.
Jubiladon, span. A public officer's right of retirement with full title

and pay.
Judex, I. A judge. Judex a quo, ad quern: see A quo. Judex asquita-

15

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226 JUDGE ADVOCATE— JUDICIUM

tern semper spectari debet: a judge ought always to regard equity.
Judex est lex loquens: a judge is the law speaking. Judex noa reddit
plus quam quod petens ipse requirit: a judge does not give more
than the plaintiff himself demands. Judid offldum suum excedenti
non paretur: a judge exceeding his office is not to be obeyed. Judi-
ds est Jus dicere, non dare: it is the duty of a judge to expound
law, not to make it.

Judge advocate. A military prosecutor at a court-martial.

Judgment debt. A debt due under a judgment. Judgment note: a
pronuBsory note, containing, in addition to the usual contents, a power
of attorney authorizing confession of judgment against the maker,
upon default of payment. Judgment nisi: a judgment to become
absolute unless the court shall within the first four days of the next
term order otherwise; giving the defeated party four days to move
against the judgment. Judgment paper: in English practice, a sheet
containing an incipitwr of the pleadings in an action at law, upon which
final judgment is signed by the master. Judgment record or roll: a
formal systematic transcript or parchment of the proceedings in an
action at law leading up to the judgment, and the judgment; the au-
thentic official record, composed of the various entries in order, signed
and filed and docketed in the treasury of the court.

Judicandum est legibus, non exemplis, L Judgment is to be given ac-
cording to laws, not precedents.

Judicare, L To give a judicial decision.

Judicature Acts. The statutes regarding the Supreme Court of Judica-
tive, and particularly the 36 & 37 Vict. c. 66, changing the entire or-
ganization of the English courts; see Court, 29. See also 37 & 38
Vict. c. 83; 38 & 39 Vict. c. 77; 39 & 40 Vict. c. 59; 40 & 41 Vict. c.
9; and, for Ireland, 40 & 41 Vict. c. 67; see 1 HoldswortKs Hist. Eng,
Law, 40e-417.

Jttdicia posteriora sunt in lege fortiora, L The later judgments are in
law the stronger.

Judicial admission or confession. One made voluntarily in court or
before a ma^rate. Judicial Committee of the Privy Council: see
Court, 14, 89. Judicial sale: a sale by order of court, under judicial
authority, by an officer legally authorized; see 114 N- Y. 621, Ju-
dicial separation: a kind of limited divorce, in which the parties are
not allowed to marry again. Judicial writ: see Writ.

Judicial notice. Acceptance by the court of the truth of certain well-
known facts without requiring proof of them.

Judido sisti, I, *A caution, or security, ^ven in Scotch courts for the
defendant to abide judgment within the jurisdiction.

Judidum, I. A court; an action; legal authority; a verdict; a judg-
ment. Judidum a non sue judice datum nullius est momenti: a
judgment ^ven by one not the proper judge is of no authority. Ju-
didum capitale: judgment of deaUi. Judidum Dei: judgment of

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JUGE DE PAIX— JURY 227

God, a term applied to the ordeals, st* v.; see 4 Bl Com. S4I.
Jttdichim aqiue, ferri, ignis: the ordeal by water, iron, or fire; see
4 Bl, Com, S44' Judidum parium: judgment of peers, by one's peers;
«ee S Bl, Com. 360, Judicium redditor in invitum in prsBSumptione
lagis: judgment in presumption of law is given against an unwilling
party.

Jugedepaiz,/r. In France, an inferior, or police, judge. Jtige d'instruo-
tion: an officer who receives the complaint, examines the witnesses,
and draws up the accusation in criminal cases.

Jugum terre» I. A yoke of land; half a ploughland.

Juido, epan, A law suit.

Jodo de apeo, span, A decree directing the determining and marking
of boundaries.

Jura, I. Bights; laws; see Jus. Jura ad rem: rights to a thing, in
personam, against a person. Jura aodem modo destitauntur quo
constituuntur: laws are abrogated in the same manner in which they
are enacted. Jura publica anteferenda privatis: public rights are
to be pr^erred to private. Jura summi imperii: rights of sover-
eignty. Jura in re: rights in a thing, either partial rights or owner-
ship; see Jus. Juria regalia, regia: royal rights.

Juramentum, I, An oath.

Jurare, I. To swear; to make oath. Jurat (he swears) : the memoran-
dum at the foot of an affidavit showing when, where, and before
whom it was sworn.

Jurata, I, A jury.

Jurator, I, A juryman. Juratores sunt judicas facti: the jurymen
are the judges of fact.

Jure, I, In right; by right; in law; see Jus; Juka. Jure belli, dvili,
etc.; see Jus. Jure uzoiis: in the right of the wife.

Juridical. Belonging to law; of law.

Juris, I, Of law; of right; see Jus; Jitra; Jure. Juris consultos: skilled
in the law. Juris prscepta sunt hoc: the precepts of law are this.
Juris et de jure (of law and by law) : a term appUed to conclusive, irre-
buttable presumptions. Juris et seisins conjunctio: the union of
legal right and seisin. Juris utrum: a parson's writ of right to
recover lands alienated by his predecessor; see SBl, Com, 262; Assize.

Jurisdictio, I, Jurisdiction; authority to judge or legislate. Plea to
the jurisdiction: see Plea.

Jurisprudence. The science of the law.

Juristic act One intended to have a legal effect.

Jury. 1. A number of men appointed by judicial or official authority
to determine a question of fact. 2. A jury of twelve appointed by
the sheriff, to try civil and criminal cases in court; see Bob. El. L, Reo,
ed.j §§ S26i 606 f the petit or petty juiy. Grand jury: a body of from
twelve to twenty-three men convened by the sheriff at all assises or
courts to inquire into the evidence against accused persons, and see

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228 JUS

that there is a just probability of their guilt; see Bill, 1. 6. Commoa
Jury: the ordinary petty jury, as distinguished from a special Jury, a
jury composed of members of a certain degree, as freeholders, mer-
chants, etc.; or a struck jury, a jury chosen from a selected list of
forty-eight, of which twelve names are struck out by each party.
Sheriff's jury: a jury summoned by a sheriff for trial of an inquiry,
or making an inquest or inquest of office. Coroner's jury: a jury
appointed by a coroner to inquire into a sudden death. Jury process:
the process of smnmoning a jury by venire faciaSt and compelling their
attendance by distringas or habeas corpora juratorum. Jury of ma-
trons was impanelled to judge of a woman's pregnancy in cases where
she was condenmed to death, and pleaded pregnancy; or on a writ de
ventre inspidendo. Jury de Medietate Linguae: see De; BiuNGniB.
Jus, I. Ri^t; justice; law; see 1 PoU. & Maid, Hist. 176; 2 id, SS;
Juba; Jube; Juris. Jus abutendi (the right to abuse): the right to
use as one likes; absolute ownership. Jus accrescendi: the right of
survivorship [as in joint property, on the death of one owner, when
the other has the whole]; see 2 Bl Com, 18^; Wig, Ev., § 26S2. Jus
accrescendi inter mercatores, pro benefldo commerdi, locum non
habet: for the benefit of commerce, the right of survivorship has no
existence among merchants. Jus accrescendi prefertur onaribus:
the right of survivorship is preferred to incmnbrances, or ultimo
voluntati, to the last will. Jus ad rem: a right to a thing (in the civil
law); a personal right; a right founded on contract. A right to the
possession of a thing (in the canon law); an inchoate or imperfect
right. A right to a thing (in the common law) as distinguished from
Jus in re, a right without possession; see 2 Bl. Com. 312. Jusssnede:
the right of primogeniture. Jus angarie: see Amqaria. Jus aquam
ducendi: the right of leading water [over another's land]. Jus band
(the right of bench) : the right of having a high seat of justice, allowed
only to the King's justices. Jus belli: the law of war. Jus canoni-
cum, the canon law; dvile, the civil law; see Corpus juris; Canon
law; Civil law. Jus dvitatis: the right of citizenship. Jus com-
mune: the common law; common right; see 1 Poll. & MaiU. Hist,
176, Jus cudendtt monetae: the right of coining money. Jus curi-
alitatis: the right of curtesy of England. Jus dare: to make law.
Jus deliberandi: the right of deliberating. In Scotland, the right
of the heir to consider for a year whether he will take up the
succession. Jus dicere: to declare the law. Jus disponendi: the
right of disposing, or of disposition. Jus duplicatum: a double right;
droU droit; see 2 Bl. Com. 199. Jus et fraus ntmquam cohabitant:
justice and fraud never dwell together. Jus ez injuria non oritur:
a right cannot arise from a wrong. Jus fidudarium: a right in trust,
a moral right; see 2 Bl, Com, 828. Jus fodiendi: a right of digging.
Jus gentium : the law*of nations. Jus habendi at retinendi : the right
to have and retain the profits, tithes, and offerings of a rectory or

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JUSJURANDUM— JUSTIFYING BAIL 229

parsonage. Jushanriendi: the right of drawing water. Jus in re: in
Roman law, a right in a thing; a right of property avaihng against all
the world, and particularly of an easement or servitude; droit droit, a
right of property coupled with possession. So also jus in rem: a real
right, a right in the thing itself; see Ao rem; Jus ad bbm. Jos in per-
sonam: a right against a person or particular class of persons; a per-
sonal right, a right founded on contract, or the act of another person.
Jus legitimum: a legal right; enforceable at law; see 2 BL Com, S28.
Jti8 mariti: the right of a husband; as, to his wife's movables. Jus
merom : bare right [without possession or right thereto]. Jus natortt :
the law of nature. Jus naturale: natural law. Jus non acriptum:
the unwritten law. Juapascendi: right of pasture. Jos patronatiia:
1. The right of patronage or presentation to a benefice. 2. A com-
mission from the bishop awarded when two rival presentations are
made to him upon the same avoidance, and directed to the bishop's
chancellor and others of competent learning, who are to summon a
jury of six clergymen and six laymen to determine who is the rightful
patron; see S BL Com. 246. Jus possesaionis: right of possession.
Jus posiliminii : the right of the owner to reclaim property after recap-
ture in war. Jus precaiium: a right existing only in curtesy; precari-
ous; see 2 Bl. Com. S28. Jua preaentationis: see Jus patbonatus, I.
Jus proprietatis: the right of property; see 2 Bl. Com. 197. Jus pab-
lictun privatormn pactia mutari non potest: a pubKc right cannot be
altered by the agreements of private persons. Jua relicts: the right
of a widow in her deceased husband's personal goods; anciently, one
half, or one third if there were children. Jua acriptum: the written
law. Jua tertii: the right of a third party; see 2 P6U. A Maid. Hist.
74f 76. Jua utendi: the right to use a thing, the opposite of jue
abutendi.

Jusjurandum, L An oath.

Justice. A judge of a law court. Juatieaa of assize: appointed to try
writs of assize. Judges of the superior courts in England, sent twice
every yeaar to try causes in their respective counties. Juaticea of the
Bench: justices of the Conmion Plras. Juaticea in Syre: see Etbe.
Juatice of the Forest: appointed to hold the court of justice-seat; see
Court, 78. Juaticea of the Peace: county magistrates of limited
dvil and crimmal jurisdiction; see Quorum; Court, 100, 112. Justice
of Gaol Delivery^ Assize, Nisi Prius, Oyer and Terminer; sise those
titles; see Absise; Commission. Lord Juatice; see Lord.

Justiciar. Justice. The chief juatidar, in ancient times the second
person in the kingdom; later, the Chief Justice of the K. B.

Justiciary Court See Court, 06.

Juatides. An andent special writ, empowering the aheriff to try a
matter in a county court, although over Jfis. were involved; see S Bl.
Com. 66.

Justifying baiL Showing the sufficiency of bail; see 5 Bl. Com. 290.

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230 JUSTITIA NEC DIFFERENDA NEC— LABEL

Justitia nee differenda nee neganda est, L Justice is not to be denied

or delayed.
Justitiariua, I, Justiciar; justice. Jnstieiaiii itinerantes: justices in

eyre. Juatieiaiii residentes: justices resident at Westminster.
Jiiatitiiim, I. An intermission of the coiurts; vacation time of the courts.
Juzta, I, According to. Juzta fonnam statnti: according to the form

of the statute. Juzta tenorem sequentem: acoording to the following

tenor.

K. B. The King's Bench; see Coubt, 8.

Kavil. The casting of lots.

Keelage. The right of exacting a toll from ships in a harbor; the
money so paid.

Keeper of the Forest. The warden or chief officer of a forest. Keeper
of the Great Seal: see Lobd.

Kelp-shore. The land between high and low water mark.

Kenning to a teree, sc. The assignment of a dower by a sheriff.

Sliddle. A dam or wear with a fish-way cut in it.

Kidnapping. The forcible abduction or stealing away of a man, wo-
man, or child; see 8 N. H. 660; 4 Bl, Com, 219.

Kill. Bed of a river; a stream.

S[in. Relations or relationship by blood.

King's Bench. See Coubt, 8. King's Beneh Division: see Goubt, 22.
King's Couneil: see Coubt, 6. King's Court: see Coubt, 2, 115.
King's silver: money formerly paid in the C. P. for the licerUia cor^
cordandi in levying a fine. King's counsel: see Queen's Counsel.

BLirby's quest. The record of a survey of all the lands in England
made in the reign of Edward I.

Kleptomania. An insane and irresistible propensity to steal.

Knave. A dishonest person; see 6 Pick. 844-

Knight-service. Tenure in chivalry; see Tenubb; Feud. Tenure by
military, or uncertain services; or by paying escuage; see 2 Bl. Com. 62.

Knight's fee. So much land as was considered sufficient to maintain a
knight (twelve ploughlands) ; the possessor of such an estate was
formerly obliged to be knighted and attend the King in wars or pay
escuage, g. v.

Knights of the shire. Two members of Parliament, elected to repre-
sent each county at large.

L. S., locus sigilli, {. The place for a seal.
La^/r. There. La ou: whereas.

Label. A narrow strip of paper or parchment affixed to an instrument
for an appending seal. In the Exchequer, the copy of a writ.

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LABOURERS, STATUTES OF— LARCENY 231

Labourers, Statutes of. The 23 Edw. III., 12 Rich. II., 5 Elix. c. 4, and
26 & 27 Vict. c. 125, making regulations as to labourers, apprentices,
beggars, servants, etc.

Lacerta, /. A fathom.

Laches. Negligence; see 1 BL Com, 247,

Lading, Bill of. See Bill, III. 5.

Lssa majestas, L High treason (injured majesty); see 4 BL Com, 76,
89,

Lssione fldei, pro, I, Suits for breach of contract, brought anciratly in
the ecclesiastical courts, but forbidden by the Constitutions of
Clarendon; see 5 Bl, Com. 62,

Lag, sax., lags, I. Law.

Lagan, sax. Goods found floating in the sea at a distimce from the shore.

Lage. Law. Lageman: a good and lawful man.

Laicus, ^, lai, /r. Lay; layman. Lais gents: laymen; a jury.

Laisser aller, fr, (To let it go.) Let it alone; let things take their
course.

Laity. The lay part of the people; see Lay.

Lancaster. See Coxtntt Palatine; Court, 69.

Landboc, sax. A charter or deed by which lands are given or held.

Landcheap. A fine paid by custom on the alienation of land within
certain manors and liberties.

Landea. A draining ditch.

Landf able. A land tax or rent; a quitrent.

Langemanni, I. Lords of manors.

Languidus in prisona, I, Sick in prison; a sherifiTs return to a cafrias,

Lapidation. The act of stoning a person to death.

Lapse. A slip, or omission; the forfeiture of a right to present to a
benefice by the patron's negligence. The failure of a testamentary
disposition by reason of the death of the legatee before the testator;
a lapsed devise or legacy; see 2 Bl. Com. 379, 6 IS.

Larceny. The forcible or fraudulent taking and carrying away the
goods of another, with intent to convert them to one's own property.
see 4 Bl. Com. 229; Rob. El. L. Rev. ed., § 666. If the taking be lawful,
the carrying away was formerly embezzlement; but is now made by
statute, in some cases, larceny. If openly, from the person, by force
or fear, it is robbery. If money be takeil under color of office, or by
official oppression and threats, it is extortion. If from the person, in
a dwelling-house (in the daytime; see Burglary), or on a wharf, it b
compoimd or mixed larceny; as distinguished from simple larceny,
which covers ordinary cases of theft. There was formerly also a dis-
tinction between grand and petit larceny, turning on the value of the
goods stolen. If the owner intend to part with the entire right of
property, it is obtaining goods under false pretences: if he merely in-
tend to relinquish possession, it is still larceny; the goods in both
\ being obtained by fraud.

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232 LARCYN— LAY

Larcyii,/r. Larceny; robbery.

Large, X, /r. At large. Mettre k large: to set at liberty.

Laron, /r. A thief.

Las partidas, span. A compilation of civil and canon law of Spain.

Last heir. He to whom lands escheat for want of lawful heirs, that is,
the chief lord or the King.

Lata culpa dole »quiparatur, I. Gross fault is put on a level with fraud.

Latens, /. Latent; not apparent. Latens ambiguitas: an ambiguity
not evident, not on the surface; latent ambiguity.

Lathe. A division of a county, containing several hundreds, 9. v,

Latitare, /. To he hid. Latitat: see S Bl. Cam, 286; Bill, I. 8.

Latori prssentium, L To the bearer of these presents.

Latro, I, A thief. Latrodnium: larceny.

Lattt sensu, I. In a wide sense.

Laudibus Legum An|^«, De. See Fortescxte.

Laudum, {. Award or arbitration.

Law. For AbMrnud^ Adjedive, Agrarian, Brehon, Canon, CwU, Codes
NapoUon and Cwile, Consolato del Mare, Crown, Ecclesiastical, Ex post
facto, IntemaHonal, Marque, Martial, Military, Municipal, Normal,
Oleron, Positive, Private, Pvblic, Rhodian, Salic, Spiritual, Substan-
tive law, see those titles. Law boigh, sc,: a pledge for a party's ap-
pearance. Law-burrows, sc,: security to keep the peace. Law day:
a day of open court; a day fixed for the payment of a bond debt.
Law lords: peers who have held high judicial office, or have been dis-
tinguished in the legal profession. Law merchant, commercial law,
the law of merchants, law of the staple: the law prevailing generally
as to conunercial matters, mercantile paper, etc., among merchants
througout the civilized world. Law of the land: due process of law.
Law of nations: 1. The Jus gentium of the Romans; laws conunon to
the civilised world. 2. International law, q. v. Wager of Law: see
S BL Com. S4I; CoMPURGATOREs; Wager.

Uwe. AhiU.

Lawful. Legal; having the qualifications prescribed by law. Lawful
man: a man free and capable of bearing oath; unattainted.

Lawing of dogs. Expeditation; cutting out the ball or claws of a dog's
foot, that he might not chase deer.

Lawless Court. A court held on King's-hill, Rochford, Essex, on
Wednesday after old Michaelmas day, at cock-crowing. They speak
in whispers, have no candle, nor pen and ink, but a coal; and he that
owes suit and service forfeits double rent for each hour that he is
missing. The court still exists.

Lawnde, lounde. A plain between woods.

Lay. 1. Not clerical; not ecclesiastical. A layman. 2. To state or
allege in pleading. Lay corporation: see Corporation. Lay fee: a
fee held by secular, not religious services. Lays gents: laymen; a
jury. Lay impropriator: see Impropriation.

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LAY DAYS— LEGES 233

Lay days. Days allowed in charter-parties for loading or unloading.

Le, lesy/r. The. Leaquel: the which. Le roi le veut (the King wills
it) : the form of royal assent to a bill in ParUament. Le roy s'avisera
(the King will consider): the form of dissent to a bill. Le salut du
peuple est la supreme loi: the pubUc welfare is the highest law.

Lea, ley. A pasture.

Leading a use. See Deeds to lead a use. Leading question: one so
framed as to suggest the answer; see 7 S, & R. 171; 164 U, S. 134;
Rob. EL L, Rev, ed,, § 338.

Leai^ fr. Loyal. Lealte: legality; loyalty.

Lease. A conveyance of an estate in lands or hereditaments, leas than
that possessed by the grantor, for life, years, or at will.

Lease and release. A species of conveyance in England, based upon
the Statute of Uses, and evading livery of seisin and enrolment; see
Rob, EL L. Rev. ed., § 130.

Leccator. A debauched person.

Leet. See Coitbt, 32.

Legacy. A bequest of goods or chattels; a gift by Isst will; see Rob.
EL L. Rev. ed., § 167; Bequeath. A general legacy is one payable
out of any assets; see 8 N. Y. 616. A specific legacy is a legacy of a
particular piece of property; see 49 N.U. 107. A demonstratiye
legacy is one directed to be paid out of a particular fund; see 16
N. Y. 366. A cumulative legacy: one g^ven in addition to, not in
heu of, one given before; see 22 Conn. 37 L A lapsed legacy: see
Lapse. A modal legacy directs the mode in which the legacy ^ould
be applied. A residuaiy legacy: a bequest of all the testator's pe>
sonal estate not otherwise disposed of by the will.

Legal assets. See Assets. Legal estate: one held by legal title, en-
forcesble in a court of common law; not equitable; see Rob. El. L. Rev.
ed., i 49. Legal memory: runs back to the beginning of the reign of
Richard I.

Legalis homo, L A lawful man.

Legatary. A legatee.

Legatee. One to whom a legacy is given.

Legem amittere, L To lose one's law, one's privilege of being ad-
mitted to oatii. Legem facere: to make oath; to wage law; see
Waqbb. Legem habere: to have law; to be capable of giving evi-
dence upon oath.

Leges, {. Laws. Leges figendi et refigendi consuetudo est pericu-
losissima: the practice of making and remaking law is most dan-
gerous. Leges posteriores priores contrarias abrogant: later laws
abrogate prior laws which are contrary to them. Leges scripts, non
scripts : written, unwritten laws. Leges sub graviori lege : laws under
a weightier law. Leges vigilantibus non dormientibus subveniunt:
laws are for the aid of those who are diligent, not those who sleep
upon their rights.

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234 LEGIBUS SOLUTUS— LEVIS CULPA

LegibttS soluttts, L Not bound by the laws; released from law; aboye
law. Legis constmctio non fadt injuriam: the construction of law
works no wrong.

Legisperitus, /. Learned in the law.

Legit vel non ? L Does he read or no? Legit utdericus: he reads like a
clerk. A question to, and answer of, the ordinary, when a prisoner
claimed benefit of clergy.

Legitim. In Scotch law, the children's share in the father's movablee.

Legitima potestaa, I. (Lawful power.) Liege poustie, q. v.

Lei, leie, /r. Law.

Leipft. A fugitive.

Leod. The people of the nation.

Leonina sodetas, L The lion's partnership, a partnership where one
party gets all the advantage.

Les lois ne se chargent de ptmir que lea actions ext6rieures» /r. Laws
only attempt to punish outward acts.

Lese majesty. High treason.

Lessa. A legacy.

Lessor of the plaintiff. The real plaintiff in ejectment.

Leswes. Pasture.

Let 1. To demise; to lease. 2. To deliver. 3. Hindrance; interruption.

Letter-missive. 1. A letter from the King to a dean and chapter con-
taining the name of the person whom he would have them dect as
bishop. 2. A letter sent by the Lord Chancellor to a peer who is
made the defendant to a biU in Chancery, to request his appearance.

Letters. An instrument giving authority; a written appointment or
authority by, and under the seal of, a court. Letters of administra-
tion, attorney, marque and reprisal, dose or clause, patent: see those
titles. Letters of credit, of exchange; see Bill, III. 2, 4. Letters of
request: a mode of be^piming a suit originally in the Court of Arches,
instead of the Consistory Court. Letters 'rogatory: a request by one
court of another in a different jiuisdiction that a witness be exam-
ined on interrogatories sent therewith. Letters testamentary: the
instrument pf authority and appointment, fi^ven an executor by the
proper court.

Levand» navis causa, {. For the purpose of lightening the ship.

Levant et couchant, /r., levantes et cubantes, I. (Rising up and lying
down.) A term applied to trespassing cattle who have been long
enough on the land to have lain down and risen up to feed, — one
night, or a night and day, — until which time they could not, in
certain cases, be distrained; see S BL Com, 8, £39,

Levari fadas, I. An old writ directing the sheriff to levy execution
agunst a judgment debtor out of his goods and the profits of his
land; superseded by fieri facias and ekgit; see S BL Com, 417,

Levees. Embankments to prevent the oveiflow of rivers.

Levis culpa, I, Slight negligence or fault.

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LEVITICAL DEGREES— LEX 236

Levitical degrees. Those degrees of kindred set forth in the eighteenth
chapter of Leviticus, within which marriage is forbidden by the English
and American law.

Levy. 1. To raise. 2. To execute. 3. To collect, take or seize.

Lex, l. Law. Lex agraria: an agrarian law. Lex aliquando sequitur
flequitatem: the law sometimes follows equity. Lex Angliae, angHcana ;
the law, or curtesy, of England. Lex Angte non patitur absurdum:
the law of England will not suffer an absurdity. Lex Angli» sine
Parliamento mutari non potest: the law of England cannot be altered
without Parliament. Lex apparens (manifest law): trial by ordeal
or battel. Lex citius tolerare viilt privatum damnum qtiam publicum
malum: the law will rather suffer a private loss than a public ill. '
Lex communis: the common law. Lex contractus: the law of [made
by] the contract. Lex deficere non debet in justitia exfaibenda: the
law ought not to fail in showing justice. Lex donudlii: the law of
the domicil; see Rob. EL L, Rev. ed., §§ 18, 161. Lex est ab stemo:
law is from everlasting. Lex est norma recti: law is a rule of right.
Lex est ratio summa, qu» jubet qtt» sunt utilia et necessaria, et con-
tiaria prohibet: law is the highest reason, which ordains what is useful
and necessary, and forbids the contrary. Lex et consuetude Par-
liamenti: the law and custom of Parliament. Lex favet doti: the
law favors dower. Lex feudi: the law of the fee. Lex fingit ubi sub-
sistit squitas: the law feigns [makes a fiction] where equity exists [in
a case where equity requires it]. Lex fori: the biw of the court [where
the remedy is sou|^t]; see 112 U. S. 452; 160 Maes. 671. Lex judicat
de rebu&necessario fadendis quasi de re ipsa factis: the law judges
of things necessarily to be done as if done in fact. Lex UgeantisB:
the law of [the country to which one owes] allegiance. Lex loci: the
law of the place. Lex led contrmctosy delictus, actus: the law of the
place where the contract, crime, act, took place. Lex lod rei site:
the law of the place where the thing is situated. Lex lod solutionis:
the law of the place of payment. Lex manifests: manifest law; eee
3 Bl. Com. 344t' Lex apparens. Lex mercatoria: the law merchant.
Lex necessitatis est lex temporis: the law of necessity is the law of the
moment. Lex neminem cogit ad vana seu inutilia: the law compels
no one to do vain or useless things. Lex neminem cogit ostendere
quod nescire presumitur: the law forces no one to show what he is
presumed not to know. Lexneminioperaturiniqutun: the law works
injustice to no one. Lex nil frustrafadt: the law will do (does) noth-
ing in vain. Lex non cogit ad impossibiHa: the law does not force [one
to do] impossible things. Lex non curat de minimis: the law takes
no account of trifles. Lex non favet votis delicatorum: the law does
not consider the wishes of the fastidious. Lex non patitur fractiones
et divisiones statutorum: the law suffers not fractions and divisions
of statutes. Lex non requirit verificari quod apparet curiao: the law
does not require proof of that which is apparent to the court. Lex

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236 LEY— LIBERATION

nonscripta: the unwritten law. Lezpatritt: the law of one's ootmtiy.
Lex plus laudator quando ratione probatur: the law is most worthy
of praise when consonant with reason. Lex posterior derogat priori:
a prior statute shall give place to a later one. Lex rei site: the law
of the place where the thing is situated; see 6 Pick, 286, Lex rejidt
superfloa, pugnantia, incongrua: the law rejects things superfluous,
contradictory, incongruous. Lex reprobat moram: the law reproves
delay. Lex respidt squitatem: the law regards equity. Lexscripta:
the written law. Lex semper dabit remedium: the law wiU always
give a remedy. Lex semper intendit quod convenit rationi: the law
always intends what is agreeable to reason. Lex spectat naturs
ordinem: the law regards the order of nature. Lex succurrit minori-
bus: the law aids [favors] minors. Lex talionis: the law of retalia-
tion; see 4 Bl, Com, 12, Lex terr»: the law of the land; due process
of law.

Ley, /r. Law; an oath. Ley gager: wager of law.

Libel. 1. A little book. 2. The first pleading in an ecdesiastioal or
admiralty cause. 3. Written defamation. To libel: 1. To seise
under admiralty process. 2. To defame by published writing.

Libellant The party who files a libel in a case.

Libellee. The party against whom an action has been brought by the
filing of a libel.

Libellus, I, A libel. Libellus famosos: a defamatory publication.

Liber, {. 1. A book; a part of a book. Liber Asdsanim (the Book of
the Assizes) : a collection of cases in assises, the fourth volume of. the
reports of the reign of Edward III. Liber Feudorum: (the Book of
Fiefs) : a code of feudal law compiled under Frederic Barbarossa at
Milan in 1170. liber judidalis: the Dome-book; see 1 Bl Com, 66;
DoMBEC. Liber niger: the Black book.
2. Free. Liber bancos: free bench. liber etlegalls homo: a free and
lawful man; a jur^r. liber homo: a freeman. Libera diasea: free
chase. libera eleemosyna: free alms; frankalmoign, q, v, libera
falda: frank-fold. libera lex: see Lex TERBiB; Frank law. Libera
piscaria: free fishery. Libera warrena: free warren. liberum cor-
pus estimationem non redpit: the body of a freeman does not admit
of valuation. liberum maritagium: frank-marriage. Liberum ser-
vitium: free service. liberum soccagium: free socage; see Socage.
Liberum tenementum: frank tenement; freehold.

Liberare, L 1. To free, or set free. 2. To deliver, or tender.

Liberate, I, (Deliver ye.) An old original writ to the Exchequer for
the payment of a pension or grant; or to a sheriff for lands taken
on forfeit of a recognizance; or to a gaoler for the delivery of a
prisoner; see Extent; Statute Merchant; Statute Staple;
Recognisance.

Liberation. Payment which resulted in the extinguishment of a con-
tractual liability.

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UBERTAS— LIEU-CONUS 237

Idbertas, /. Liberty; a privilege, exemption, or franchise. Libertas
non redpit estimationem: liberty does not admit of valuation.

Liberty. A privilege, held by royal grant or prescription. A place or
district wherein certain privileges may be enjoyed; an extension of a
gaol; an exclusive jurisdiction.

Liblac. Witchcraft.

Licenciado, span, A lawyer.

Licentia concordandi, l. Leave to agree; see 2 Bl. Com. S60; Fine.
Licentia loquendi: leave to speak; see Imparlance.

Licentiousness. Doing what one pleases without regard for rights of
others.

Licet, {. 1. Although. Licet dispositio de interesse futuro sit inutilis,
tamen potest fieri dedaratio prsDcedens qu» sortiatur effectum, in-
terveniente novo acta: although the grant of a future interest is
invalid yet a declaration precedent may be made which wiU take
effect on the intervention of some new act. Licet ssepe requisitos:
although often requested.

2. It is allowed. Not fori^idden by law. licere: to be lawful. lid-
tum : lawful. Lidta bene miscentur, formula nisi juris obstet Gawf ul
acts are well when mingled, unless some form of law fori^id): the
several acts may be done by different parties, and yet the entire
transaction take efifect.

Lidford law. Lynch law.

Lie. To lie. To be available. To lie in: to be capable of; to con-
sist in; see Corporeal; Render. lie in franchise: waifs, wrecks,
estrays, and the like, which the persons entitled thereto may seize
without the aid of a court, are said to lie in franchise. Property which
passes, and must pass, by deed or charter, such as incorporeal here-
ditaments, is said to lie in grant ; as opposed to fees and frediolds in the
land itself, which lie in livery.

Liege. Bound in fealty; in simple fealty, without services; sovereign;
see HouAGE. liege poustie, sc.: a state of health which gives one
lawful power of disposition; the reverse of death-bed.

Lien. The right of a possessor or bailee to hold the property of another
until some demand is satisfied; see Rob. El. L. Rev. ed., § 247. A
apodal or particular lien, if the demand arise from the property itself,
as by labor or service upon it, and the lien is thus confined to that
property; a general lien, if the demand is general and indefinite, as
for a balance of accounts. In equity, a vendor has a vendor's lien for
the unpaid purchase money; see Rob. El. L. Rev. ed., §§ 92, 247; a
vendee has a lien for purchase money paid before the conveyance is
complete. A mechanic's lien, on land and houses for labor done upon
them. Maritime liens: for wages, damages by collision, goods sup-
plied a ship, etc. Equitable, mechanics', and maritime liens exist
independently of possession.

Lieu-conns, fr. A place well known, of notoriety, as a castle or manor.
In lieu: in place of. Uott-tenant: a substitute, or dqmtiy.

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238 LIFE-ESTATE— LITEEA

Life-estate. See Estate.

Ligan. See Flotsam.

Ligeance. Allegiance.

Ligiantia, Z., ligeance. Allegiance; ihe bond of fealty; fidelity between
subject and eoverdgn.

Ligius, L Bound to fealty; liege; subject; sovereign.

Lignagiiini, I. The right to gather wood for fuel.

Lignum, I, Wood; d^uiwood; fuel; see Arbor.

Limitatio, ^, limitation. Setting a bound or limit; a restriction. Words
of limitation: words which define or limit the estate a grantee is to
take, as distinguished from words of purchase, which name the grantee
or grantees to whom the conveyance is made. Thus, those who take
by descent take under the words of limitation; those who take by
purchase, under the words of purchase; see 2 Bl. Com. 162; Descent;
Purchase. Limitation of actions: a fixing of a term by law within
which actions must be brought, or the right of action will be barred.
The principal English Statutes of Limitation are the 21 Jac. I. c. 16
and3&4Will. IV. c. 27. See also 37 & 38 Vict. c. 57. Limitation of
estates : a limiting or determining an estate by an event, as to A so long
as he remained unmarried. If there be a limitation over, which dero-
gates from, or cuts short, the first estate granted, it is a conditional
limitation; as, to A and his heirs, but if he marry, to B. If there be
no limitation over, but the estate is cut short upon the happening of
the event, it is an estate upon condition; as, to A and his heirs so long
as he remain immarried; see Conditional limitation.

Limited company. A joint-stock company with limited liability, where
each person cannot be called on to contribute beyond the amount of his
shares, except as under § 4 of the 30 & 31 Vict. c. 131, providing that
the liability of the directors or managers may be unlimited. Limited
Divorce, Partnership; see those titles.

Unea, L A line; a line of descent. Linea recta semper prsefertur trans-
versali: the direct line is always preferred to the collateral.

Lineal. In a direct line; from parent to child. Lineal warranty: a
warranty of land made by a person in the line of title, or who might
have been heir; see Collateral.

Liquere, L To be clear. Liquet satis: it is sufficiently clear.

Liquidated. Cleared away; settled; eee Damages. Liquidation: the
winding up of an insolvent firm or company. The fixing of values
that were uncertain. Payment.

lis, {. A dispute; controversy; a suit. Lismota: a controversy begun
[before suit]; suit brought. lis pendens: a suit pending; that l^al
process, in a suit regarding land, which amounts to legal notice to all
the world that there is dispute as to the title; in equity, the filing of
the bill and serving a subpoena creates a lis pendens^ except when
statutes require some record; see 21 N. H. 670.

Liteza,2. A letter; the letter [as distinguished from the qpirit of a docu-

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LITERAI/-LOCUS 239

ment]. Literaacquietantue: a letter of acquittance. Literaezcambii:
a bill of exchange. Litera scripta manet: the written letter lasts.
LitenB daaaae: close writs. Liters patentes: open writs; letters
patent. Litera procisratoris: letters of attorney. Litera recogni-
tionis: bills of lading. Litera sigillata: sealed letters; the return of
a sheriff.

Literal. Following the exact words.

Litigiosity. The pendency of a suit.

litigiotis right One which can be asserted only by a suit.

Litis contestatio, L In civil and canon law, the issue in pleading; the
coming to an issue. In ecclesiastical courts, the general answer and
denial of the defendant.

Litispendenda, span. Another suit i>ending.

Littleton. A judge of the reign of Edward IV. who wrote a treatise upon
tenures, upon which Coke, C. J., wrote an extensive comment.

LittofaL Belonging to the shore; on the searshore; 9ee 17 Haw, 4£6,

Littua maris, {. The sesrshore; see S KerUf Ifi7.

litiira, I, An obliteration or blot in a written instrument.

Livery. Delivery. A writ for the heir in knighlHservice to recover his
lands; aee Oustehlemain. Livery of seisin: the ceremony of delivery
of corporeal possession of lands and tenements by the grantor to the
grantee. The grantor or his attorney went upon the land and there
delivered a twig, latch, key, or other symbol, in the name of the seisin;
see /2o&. E\. L. Rev, ed., § 7L Livery in law was when they did not
enter, but performed the ceremony in sight of the land.

Livre, /r. A book; a pound.

Lloyd's. An association in the city of London, the members of which
underwrite each other's policies. Lloyd's bonds: admissions of in-
debtedness, issued under the seal of a company, with a covenant to
pay at some future time.

Local action. See Action.

Local venue. Venue in a particular county.

Locare, I. To let for hire. Locatio: a letting. Locatio-conductio: a
letting and hiring; a compound word expressing the transaction on
both sides. Locatio custodia : a bailment for reward for safe-keeping.
Locatio rei: a letting of a thing. Locatio operarum: a letting of serv-
ices. Locatio operis fadendi: a letting of a thing for the purpose of
having work performed upon it. Locatio operis merdum vehendarum:
a bailment of goods to be transported.

Locataire. A lessee.

Locatarius, I A depositee.

Locatio, {. A bailment for hire.

Location. The designation of the boundaries and position of land from
a point of survey. Locative calls: eee Calls.

Locator, I, A lessor; a lender.

Locna, I A place. Loco: see In logo. Locttm tenena: a Uew4enarU;

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240 L0(>— LORD CRANWORTH'S ACT

a substitute; holding the place. Locum tenero: to hold place; to be
applicable. Locus contractus: the place of the contract. Locus
criminis: the place of the crime. Locus delicti: the place of the
wrong. Locus in quo: the place in which the trespass was committed.
Locus partitus: a division between two towns or counties to deter-
mine where the land in question lies. Locus poenitentiA (room for
repentance): opportunity to retract. Locus regit actum: the place
[the law of the place] governs the act. Locus rei sitae : the place where
the thing is situated. Locus sigilli: the place for the seal. Locus
standi: a right to be heard.

Log. A ship's book of daily entry.

Log-rolling. Co-operation among legislators to secure the paasagB of
bills.

Loi,/r. Law. Loial: lawful. Loisible: lawful.

Loier, /r. Reward; fee; rent.

London Court of Bankruptcy. See Court, 50. London and West-
minster sittings: see Court, 28.

Longa possessio est pads jus, I. Long possession is [gives] a right of
peace. Longa possessio parit jus possidendi et tollit actionem vero
domino: long possession is equal to right, and derives the true owner
of his action. Longum tempus, et longus usus qui ezcedit memoria
homlnum, suffidt pro jure: long time and usage beyond the memory
of man suffices for right.

Loquela, I. A plaint; declaration; plea; suit; imparlance; respite.

Loquendum ut vulgus, sentiendum ut docti, I. Speak like the common
people, think like the learned.

Lord. 1. A feudal superior, one of whom the tenant holds lands. 2. A
title of honor appUed to peers. 3. A title of office. Lord Admiral,
Advocaief Chancellor, Chief Justice, Paramount, Privy Seal, Treasurer;
see those titles. Lords spiritual: the bishops and archbishops in
the House of Lords. Lords temporal: the peers having seats in the
House of Lords. Lord Chamberlain, of England, has the government
of the palace at Westminster; of the Swing's House, has authority over
the King's wardrobe; also to license theatres and plays. Lords Jus-
tices: two judges appointed under the 14 & 15 Vict. c. 83, to assist the
Lord Chancellor in hearing appeals from the Master of the Rolls and
the Vice-Chancellors. They are now judges of the Court of Appeals;
see Court, 18, 26. Lord Keeper of the Great Seal: ex officio lord and
privy-councillor, an office now fused with that of Lord Chancellor.
Lord lieutenant 1. The viceroy of the Crown in Ireland. 2. The
principal military officer of a county, appointed by the Crown. Lord
Mayor's Court: see Court, 62. Court of Lord Steward, Treasurer,
Comptroller of the King's Household, Lord Warden of the Stannaries,
etc.: see Court, 46, 53, 54, 67, 72.

Lord Cranworth's Act. The 23 & 24 Vict. c. 145, conferring certain
general powers upon trustees and mortgagees.

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LORD DENMAN'S ACT— MAGISTRATE 241

Lord Denman's Act The 6 & 7 Vict. c. 85, remoying the disability of

witnesses not parties on ground of interest.
Lord EUenborough's Act The 43 Geo. III. c. 58, for punishing with

death various assaults upon and offences against the person.
Lord Langdale's Act The Wills Act, 7 WiU. IV. & 1 Vict. c. 26.
Lord Lyndhurst'8 Acts. The 5 & 6 Will. IV. c. 54, making marriage

within the prohibited degrees void ab initio; the 7 & 8 Vict. c. 45,

concerning meeting-houses.
Lord St Leonard's Acts. The 22 & 23 Vict. c. 35, and 23 & 24 Vict.

c. 38, for amending the law of property, relieving trustees, etc.
Lord Tenterden's Act The 9 Geo. IV. c. 14, for the amendment and

eiEtension of the Statute of Frauds, etc.
Lords' Act The 32 Geo. II. c. 28, for the relief of insolvent debtors.
LorSy/r. Then. Lorsque: at the time when.
Louage, fr, A contract of hiring.
Lowers. Wages.
Lo7,/r. Law. Loyal: lawful.

Lticratiye succession, sc. The conveyance to the heir, without valu-
able consideration, of a part of his inheritance, whereupon he is

liable for all previous debts of the grantor.
Lucri causa, I. For the sake of gain; see Rob. El, L. Rev, ed., § 664*
Lucrum, /. A small parcel of land.
Lttctnosa, L Mournful; see HiBBBDrrAB.
Lumen, I Daylight.
Lunar. Pertaining to the moon.
Lunatico inquirendo. See Db.
Lttplttum caput, {. A wolf-head; an outlaw.
Lutoaa, I. Miry; impassable as a road.
Lai, luy, fr. Him; her; he; it.

Lying in livery, in grant See Lie, etc.; Hbrbditambnt.
Lyttt. A fourth-year student in civil law.
Lyttelton. ^See Littleton.

M

MsBg. A kinsman.

M»re. Famous.

Msremium, maremium, L Timber; wood for building.

Magis, I, More. Magis dignum tnthit ad se minus dignum: the more
worthy draws after itself the less worthy.

Magister rerum usus, I, Usage is the master of things [usage deter-
mines]. Magister cancellari«: a master in chancery. Magister
navis: the master of a ship.

Magistralia brevia, {. Special writs; see Writ.

Magistrate. A public civil officer; a peraon intrusted with the commis-
sion of the peace.

16

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242 MAGNA ASSISA— MAJOR

Magna assisa, {. The grand aadze; see S BL Com. SSI . Magna Charta:
the Great Charter. It was granted by John at Runnymede in 1215,
at the same time with the Carta de Foresta, and confirmed by Heniy
III. in the ninth year of his reign, and also by the 25 Edw. I. This
latter charter, the Confirmatio t^rtarumf is the one commonly re-
ferred to as the Great Charter, the basis of the English constitution.
Magna Charta contained thirty-seven chapters, for the most part
concerning landed estates and the rights of freemen; «ee 1 BL Com.
1S7; 4 id. 4iS3, Magna culpa: gross negligence. Magna camponere
parvis: to compare great things with small. Magna serjeantia: grand
serjeanty. Magnum cape: see Caps. Magnum concilium (the great
council): Parliament.

Maiden assize. One during which there is no capital conviction.
Maiden rents: a fine paid the lord by a copyhold tenant on marriage,
for onutting the marcheta, q. v.

Maihemium, I., mayhem, maim, etc. Violently depriving another of
a member used in fighting; such an injury to a man as diminishes
his power of self-defence. Maim, under statutes, is a less heinous
offence.

Mail, maille, fr. Rent; tribute.

Main, fr. Hand; a hand. Main k main: immediately.

Mainbour, fr. sax. A handborow; mainprise, q. v.

Mainour, meynour, etc., fr. A thing stolen; especially when found in
the thief's possession; see 3 BL Com. 71; 4 id. 307; Handhabend.

Biainoverer, mainovre, fr. Labor of the hands. To cultivate, or
manure.

Mainpemours. Sureties for the api)earance of a person, who is arrested
and delivered to them out of prison. They had no right to imprison
him or surrender him up, like bail, q. v., and were bound to produce
him in answer to all and any charges; see 3 BL Com. 128; Main-
prise. Mainpernable: capable of being bidled.

Mainprise. The release of a man arrested, into the custody of his
friends, who became bound for his appearance. A writ of mainprise
directed to the sheriff ordered him to take mainpemours, q. v., and
set the prisoner at large; see 3 BL Com. 128.

Mainsworn. Perjured by oath of hand upon the book.

Maintenance. Officious intermeddling in another's suit; aiding a party
with money or otherwise; see 1 BL Com. 429; 4 id. 134; Rob. El. L,
Rev. ed., § 622; Champertt.

Maintenant, fr. Now; presently.

Maintes fois, fr. Many times.

Mai8,/r. But; more. Maiane: younger.

Major, L Greater. Major luereditas venit unicuique nostrum a jure
et legibus quam a parentibus: a greater legacy comes to every one
of us from right and the law than from our parents. Majora regalia:
the higher royal prerogatives. Majons sanmiA minor in est: the

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lilAKE LAW, TO— MALUM 243

greater sum includes the lesser. Majus dignum, etc.: see Maois.
Majus jus: more right.

Make law, To. To deny under oath; see Wager of law.

Mai, fr,f malum, I. Ill; wrong; evil. Mai de venue: see Essoin. Mai
gr6e: of bad grace; against the will of.

Mala fides, L Bad fidth. Mala grammatica don vitiat chartam: bad
grammar does not vitiate a deed. Mala in se: evils bad in them-
selves; natural wrongs; see 1 Bl, Com. 64, Mala prohibita: wrongs
prohibited (by law). They are not naturally wrong; see 1 BL Com.
67. Mala pnuds: malpractice. Mala tdta: an oppressive tax; m6
Malum.

Malandrinus. A robber.

Male, I. ni; unfavorably. Male creditus: of bad repute.

Maledicta est ezpositio qu« corrumpit teztum, {. Cursed the interpre-
tation which corrupts the text.

Malfeasance, /r., malefldum, I. Wrong-doing; crime; see Rob. El. L.
Rev. ed.f § 197. Maleflda non debent remanere impunita; et im-
pnnitas continuum affectum tribuit delinquenti: crimes ought not to
remain unpunished; and impunity gives a continual impulse to the
criminal to commit another crime. Maleficia propositis distinguun-
tur: crimes are distinguished by the purposes which prompted
them.

Malice. The doing a wrongful act intentionally without just cause or
excuse; see 9 Met. 104. Bzpreas or actual malice is necessary to
establish certain degrees of criminal liability in certain cases, and may
be defined as the intent of one person to injure any other. But in
certain other cases of heinous or reckless action, where the law dis-
penses with proof of actual malice, but affixes similar penalties or
pimishment, there is said to be implied or constructive malice; see
Rob. El. L. Rev. ed., § 6S0. Actual malice, resulting in the crime
of murder, is specially named malice aforethought or malice pre-
pense; see May Cr. L., § £g!B; 6 Cush. SOB.

Malidotts prosecution. One brought without probable cause, and with
intent to injure the defendant; see Rob. El. L. Rev. ed., § S06. The
action for malicious prosecution is an action on the case for damages,
brought after the fruitless termination of the suit complained of; see
79 Mass. 201; 164 U. S. 492.

Malitia prascogitata, /. Malice aforethought.

Malitia supplet statem, I. (Malice supplies age.) Proof that a child
between the ages of seven and fourteen has " mischievous discretion ''
will render him deli capax^ and criminally liable.

Malo animo, L With evil intent.

MaUini, I. Evil; wickedness; ill; see Mal. Malum in se: evil in itself.
Malum non prassumitur: evil [intent] is not to be presumed. Malum
lecti, veniendi: see Essoin. Mahia usns alndenda est: a bad custom
ought to be abolished.

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244 MANBOTE-MANUS

Manbote, sax, A compensation for homicide, due the lord for killing
his vassal, the amount of which was regulated by the wsbb, q. v,

Mancomunal, span. An assumed obligation of another person.

Mandamiento, span. A commission or power of attorney.

Mandamus, l. (We command.) A writ, formerly prerogative, q, v.,
issuing out of a superior court to an inferior court, a public or private
corporation, or an officer, directing them to perform some public,
ministerial, or official duty, or to restore the complainant to his rights
and privileges; see Rob. EL L. Reu, ed., § 265, If peremptory, it directed
the defendant to perform its orders absolutely; if altemative,to do so,
or show cause to the contrary; see S BL Com. 110, 264; 4 id. 441*

Mandans, mandator, {., mandant A person commanding or commit-
ting; the employing party in a contract of mandate.

Mandate, L To command. To commit to; to intrust with.

Mandatarius, {., mandatary. The party to whom a chaige is given;
the party employed in a mandate. Mandatarius tenninos sibi positcM
transgredi non potest: a mandatary cannot exceed his instructions.
Mandavi ballivo (I have commanded the bsdliif): an old sheriff's
return to an execution made in a liberty, q. v.

Mandatom, I., mandate. A command; a contract by which one man
employs another gratuitously in the conduct of his affairs.

Manerium, I, A manor.

Manifest A sea-letter; one of a ship's papers, specifying the cargo,
port of departure, and destination.

Manor. A feudal estate granted to a lord or great personage with the
right to hold a court-baron; see 1 PoU. & MaiU. Hist., S6BS65. It
consisted of teirs tenementales, bodand, lands held of the manor in
freehold; and the demesne lands, terrs dominicales, reserved for the
lord's own use; which again were divided into lands held by tenants
in copyhold (foldand), lands held by the lord for his own use, and
lord's waste, used for pasture and common.

Manorial Court See Court, 34.

Manrent A bond between the lord and vassal; the vassal promising
fidelity in consideration of the lord's protection.

Manslaughter. Homicide without malice, but not excusable; as, vol-
untarily, upon a sudden affray; or involuntarily, while performing an
unlawful act, or when attended with criminal negligence; see 4 ^^'
Com. 191; Rob. El. L. Rev. ed., § 5S2.

Mansuetse naturae, I. Tamed; of a domestic nature.

Manucapere, L To become surety, or mainpernor, q. v. Maniscaptio:
mainprise, q. v.

Manumission. Giving liberty to a person under the power of another.

Manure. To occupy, or labor upon.

Manus, I. A hand. An oath; a person swearing; a compubgator,
q. V. Manu brevi: with a short hand; briefly. Manu foiti: with
strong hand. Manus mortua (a dead hand): mortmain, q, v.

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MARCA— MART 245

Marca, {., march. A border; boundary line. Marchers: noblemen
formerly living on the borders of Wales and Scotland in a state of
semi-sovereignty, with laws of their own.

Marches. Limits; boimdaries.

Marcheta, mercheta, l. 1. In Scotch law, the right of the lord to pass
the first night with the bride of his tenant. A fine for remitting such
light. 2. In England, a maid's fee; a fine paid the lord by a tenant
on the marriage of his daughter.

Mare,Z. Sea. Mare altum: the high sea. Mare apertum: the open sea.
Maretum, l. Lowlands; marshy ground.

Marinarius, I, A mariner.

Maritagitutt, Z. Marriage; see S BL Com. 70.

Marital. Belonging to marriage.

Maritima incrementa, {. Lands gained from the sea.

Maritus, I. A husband.

Market overt A place, market, or shop, for the public sale of goods,
where the innocent purchaser took a perfect title, except as against
the Crown, whether the goods were stolen or rightfully sold; see $
Bl. Cam, 449.

Marksman. A person who cannot write his name; see 2 BL Com, SOS,

Marleberge, marlbridge. The statute passed 52 Hen. III., a. d. 1267,
confirming the Great Charter and the Charter of the Forest, prodd-
ing penalties for wrongful distress, introducing writs of entry in the
post, providing as to guardians and wards in socage, etc.

Marqne and reprisal, Letters of. A commission issued by a sovereign
or state to its subjects, authorizing the seizure of the property of an
offending nation, as reparation for the injury. It is now usually
issued to privateersmen in time of war; see 1 BL Com, 268, Law of
marque: the law governing such reprisals.

Marriage. The feudal right enjoyed by the lord or guardian in chivalry
of disposing of his ward in marriage. If the infant ward refused, he
or she forfeited the value of the marriage (valor maritagii, Z.), as much
as a jury would assess, or the suitor would in good faith give for the
alliance; and double the. value of the marriage (duplex valor maritagii)
was forfeited if the ward married without the lord's consent. Ifar-
riage articles: articles of agreement for a marriage settlement to be
drawn after marriage. Marriage brokerage: negotiating a marriage
for a consideration. Marriage license: see Ban. Marriage settle-
ment: a settlement of the estate of a husband and wife, in considera-
tion of the marriage, upon the wife, or the husband and wife, in a
certain way; see 112 Mo, 442; 9S Mich, 274*

Marshal. To put in proper order.

Marshalling of aasets, seciiritieB. See Assets.

Marshalsea. A prison in London, formerly belonging to the K. B. An
old court; see S BL Com, 76; 4 id. 276; Coubt, 55.

Mart A maricet.

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246 MARTIAL LAW— MELIOR EST CX)NDmO

Martial law. The rule imposed on a conquered or occupied country
by the commander of an army during the suspension of the civic au-
thority. Courts-martial: see Court, 93.

Masters in Chancery. Officers of the Court of Chancery, who took
accounts, oaths, affidavits, and acknowledgments, made inquiries
concerning facts, and discharged other ministerial duties. They
were formerly the chief clerks, or prcBceptorea; see 19 lU, 131; 104 U, S.
i£0. Master of the Crown Office: the Queen's coroner and prosecut-
ing attorney in the K. B. Master of the Rolls: originally the chief of
the Masters in Chancery, had the custody of the records and the rolls
which pass under the great seal. Later, an assistant judge, holding
a court of his own next inferior to that of the Lord Chancellor; ms
Court, 16.

Matelotage. The hire of a vessel.

Mateifamilias, I. The mother of a family.

Matema matemis, I. The goods acquired through the mother descend
to those connected with her; see IB Bl. Com. 236,

Math. A moving.

Matricide. Murder of one's mother; one who murders his mother.

Matrimonia debent esse libera, I. Marriages ought to be free [not
forced].

Matrons, Jury of. See Jury.

Matter in deed. Writing under seal. Matter in pais: matter of fact
[not in writing]. Matter of record: matter entered on the rolls of a
court of record, which were formerly always parchment.

Matsgre, fr. See Malgr£.

Maunder, fr. To command; to return [to a writ].

Mauveise, mattveys, /r. False; bad; defective.

Maximus, I, The greatest. Mazime: chiefly; most of all. Maximiu
erroris magister populus: the people is the greatest master of error.

Mayhem. See Maihemium.

Mayn, fr, A hand; see Main.

Mayor. The head of a municipal corporation. Lord Mayor: a title of
the mayors of London, York, and Dublin.

Media annata. Semi-annual profits of land; see 6 Tex. 79.

Medical jurisprudence. The science of medicine as applied to legal
questions.

Medietas lingue, I. Half-tongue; see BiLiNGxns.

Medio tempore, I. In the mean time.

Meditatio fugs, I. Intention of flight.

Medletum, I. A medley; a chance-medley, q. v.

Medscheat. A bribe.

Meindre age, /r. Minority; lesser age.

Mein, mejrn, fr. A hand; see Main.

Melior est conditio possidentis, et rei quam actor, ubi neuter jus habet,
L The position of the party possessing is the stronger (better), and

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MELIUS EST PETERB FONTES— MESNE 247

of the defendant than the plaintiff, when neither has the right. Meli-
orem conditionem suam facere potest minor, deteriorem nequaquam
(a minor can make his condition better, but never worse) : the con-
tracts made by a minor are only valid if beneficial to him.

Melius est petere fontes quam sectari riyulos, I. It is better to seek the
fountains than to follow out the streamlets.

Melius inquirendum, I. A writ directing the sheriff to make further
inquiry as to the lands, etc., of a person outlawed or attainted; after
office found or a diem daunt extremvm.

Membnma, L Parchment.

Memoda, Z., memorie, /r. Memory; mind; understanding. Time of
memory, memory of man (see Legal): extends back to the reign of
Richard I.

Menace. A threat; see S Bl. Com, ISO; Rob. El L, Rev, ed., § SOI,

Mens, I, Mind; intent; intention; meaning; will. Mens testatoria
in testamentis spectanda est: in wiUs the intention of the testator is
to be considered.

Mensa et fhoro, I, From bed and board; see 1 BL Com. 440; A;

DlVOBCE.

Mensura domini regis, I, The King's measure; the standard.

Mercator, I, A merchant. Mercatum: a market.

Mercenlage, sax. The Mercian laws, which were observed in many of
the midland counties and those on the Welsh border; see 1 Bl. Com.
66; 4 id, 41^-

Merces, I. Wages.

Mercy. The arbitrament of the judge; see Ambbciambnt.

Mere, sax. A fenny place.

Mire, /r. A mother.

Mere droit, /r., merum jus, I. Mere right; right without poflsession.

Meremium, I, Timber; see MoBRBMinM.

Meretricious. Unlawful sexual relations.

Merger. The sinking of one estate or interest in another; as by con-
solidation, or union in the same person; or of a tort into a crime; see
Rch. El. L, Rev. ed., § 460; or a contract into a judgment; see Rob. El.
L, Rev, ed., §§ ISSy S8S; or of a lesser crime into a greater one; see RcA,
El, L, Rev, ed., § 47S,

Merton, Statute of. Passed 20 Hen. III., a. d. 1253, concerning dower,
usury, legitimacy, lord's right in parks, etc.

Men est quicquid vendi potest, I, Merchandise is whatever can be
sold.

Mese, mais, fr. But.

Mesaventure, fr. Mischance; accident; see Homicidb.

Mese, meas, meason, etc., fr, A house.

Mesne, fr. Middle; mean. An intermediate lord standing between
the chief lord and the tenant paravail. A writ of mesne in the nature
of a writ of right lay for the tenant paravail against the ineiae lord

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248 MESPRENDKE— MINIMUS

who suffered the tenant to be distrained for rent or services due from
the mesne lord to the lord paramount. Mesne process: tee Progesb.
Mesne profits: intermediate profits; profits while the land was occu-
pied by a person having no right, or before a writ of ejectment was
brought; aee Rc^, EL L, Rev, ed,, §§ $64^ S22,

Mesprendre, /r. To do amiss; to offoid. Mesprision: a mistake.

Mesds sementem sequitory L The crop follows [belongs to] the sower.

Messuage. A dwelling-house with outbuildings, garden, and curtilage,
g. V,; eeeSrW. Va, 778,

Mester, mestre, /r. Need; occasion.

Mesti6r,/r. Mystery. Handicraft; trade.

Meta, {. A butt; a boundary line.

Metattts. The place where one lives or stays.

Metegavely eax. Rent payable in victuals.

Metes and bounds. Butts and bounds, q. v.

Mettre, /r. To put; to fix. Mis en escript: put in writing. Mettre k
large: to set free.

Meubles, fr. Movables.

Meiim et tuum, L Mine and thine.

Metropolitan. The archbishop of a province.

MetuSyZ. A reasonable fear of a great harm. Metus causa: by reason
of fear.

Meyn, fr. Hand; see Main.

Mit my, fr. Half; middle. An atom; a smallest part of a thing.

MichsftlmsB Term. In England, begins on the 2d, and ends on the
25th of November.

Michelgemote. The great assembly of the people; the ^tenagemote,
q. v.; see Coubt, 1.

Mlchery. Dishonesty; stealing.

Middlesex, Bill of . See Bill, I. %.

Mioses, span. Crops of grain.

Miles, jA. milites, I. A soldier, or knight.

Milieu, /r. Middle. Juste milieu: the happy mean.

Military Court See Court of Chivalry; Court, 93. Military feuds:
genuine or original feuds, held in chivalry, by knight-service; see
Tenure. Military law: regulations for the government of the army.
Military tenures: by knight-service and escuage; see Tenure.

Mina. A measure of grain.

Minas, per, I. By threats; see Duress.

Minatur innocentibus qui pardt nocentibus, Z. He threatens the in-
nocent who spares the guilty.

Minimus, L The smallest. Minime: in the lesst. Minima poena cor-
poralis est major qualibet pecuniaria: the smallest corporal punish-
ment is greater than any pecuniary one. Minime mutanda sunt
qu« certam habuerunt interpretationem: those things which have
[once] had a certain interpretation are not to be altered.

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MINOR— MIXED ACTION 249

Minor, l. Leas; younger; an infant. Minor jurare non potest: a minor
cannot make oath. Minor 17 annis non admittitur fore ezecutorem:
a person under seventeen is not admitted to be executor. Minor
mtas: infancy. Minora regalia: the lesser prerogatives of the
Crown.

Minus. Less; not. Minus solvit qui tardius solvit: he who pays too
late does not pay at all.

Misa, l. Mise, q, v.; the issue in a real action. Misa: costs; expenses.

Misadventure. See Mesavbnturb.

Miscegenation. A mixtiu% of races; see 68 Ala, 190; Rob, El, L, Reo.
ed., § SOS,

Miscontinuance. Continuance by faulty process. Discontinuance.

Misdemeanor. An indictable offence not amounting to felony; see 4
Bl, Cam, 6,

Mise, /r. 1. Expenses; costs. 2. The issue in a writ of right; the gen-
eral issue; see 7 Wheat. SI; S BL Com, SOS,

Misera est servitus, ubi jus est vagum aut incertum, /. Obedience to
law is a hardship where the law is vague or uncertain.

Mlsericordia, I, Mercy; an amerciament, q. v.

Misfeasance. A misdeed; trespass; the improper performance of an
act otherwise lawful; see Rob, El, L. Rev, ed., § 197; Nonfeabancb.

Misjoinder. The improper joining of parties in a suit; or of different
causes of action; see Rob, El, L, Rev, ed,, § S79,

Misnomer. Misnaming; making a mistake in a person's name; see S
Bl. C<ym, SOB,

Mispleading. The use of a wrong plea, or the omission of an essential
part; not curable by verdict.

Misprision. A neglect, or oversight; a contempt. The concealment of
a crime; as of treason or felony; eee 4 Bl, Com, 120; Rob, El, L, Reo,
ed,, i m^

Missio in bona, I, An execution against the entire estate of a debtor.

Misstaicus. A messenger.

Mistery. An occupation.

Misuser. The unlawful use of a right; see 2 Bl, Com. ISS.

Mitigation. Lessening the amount of damages or punishment.

Mitiori sensu, I, In the milder sense.

Mitter li large, /r. To set free. Iditter avant: to set before. Mitter le
droit: to pass the right. Mitter Testate: to pass the estate; words
used to distinguish different kinds of releases.

Mittere, I. To send; to put. Mlttere in confusum: to put into hotch-
pot. Mittimus (we send) : 1. The warrant of a justice conmiitting a
prisoner to gaol. 2. A writ to transfer records from one court to
another; eee Rob, El. L. Rev. ed., §§ 687, 616,

Mittomus, I. Let us suppose; put the case.

Mixed action. See Action. Mixed jury: see Biunguib. Mixed lar-
ceny: see Labcsnt.

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250 MOBIUA SEQUUNTUR PERSONAM— MOOT

Mobilia sequimtur penonamy inunobilia sittun, {. Movable things fol-
low [the law of] the penon, immovable, of the place.

Modius. A measure.

Mode et forma, L In manner and fonn. Old words in a plea, not
usually material, putting in issue concomitant matters such as time,
place, etc.

Modus, {. Manner; mode. The maimer in which an estate conveyed
is to be held. Modus dat legem donationi: manner gives law to a
gift; the mode of conveyance determines the character of the grant.
Modus dedmandi: a manner of tithing, a partial exemption from
tithes, or a pecuniary composition prescribed by immemorial usage,
and of reasonable amount; see 2 BL Com. 29; for it will be invalid as
a rank modus, if greater than the value of the tithes in the time of
Richard I. Modus de non decimando: a modus of entire exemption,
a prescription to be discharged from tithes, non valet, is not valid.
Modus et conventio vincunt legem: the form of agreement and the
consent of the. parties overrule the law. Modus operandi : the method
of operating.

Moerda. Murder; see i Bl Com. 194-

Moiety. One-half.

Moindre, moins, meins, /r. Less; the least.

Molendinum, I, A mill.

Molliter manu, {. With gentle hand. Molliter manus imposuit: he
gently laid hands upon; old words in pleas of justification of trespass;
8eeSBlCom.l21.

Molt,/r. Much; many; very.

Moluttts, {. Ground; sharpened; see Abma.

Molyn,/r. A mill. Mdyn ventresse: a windmill.

Moneta, I. Money.

Money counts. The common counts in assumpsit, founded on an im-
plied promise to pay money; including the counts for money had and
received to -the plaintiff's use, money lent, money paid, and money
due on insimul comptdasserU; see Rob. EL L. Rev. ed., § 169,

Monition. A summons to the defendant to appear and answer, issued
on filing the libel in ecclesiastical and admiralty courts.

Monocracy. A government by one person.

Monstrans de droit, fr. Showing of right; a common-law method of
obtaining restitution of real or personal property, before the Chan-
cery or Exchequer, the record title to which was in the Crown, as
after an inquest of office. The plaintiff, if successful, obtained a
judgment of amoveas manus or ousterlemain, q. v.; see S BL Com. 266.

Monstrans de faits, fr. A showing of deeds; a profert, where a man
pleaded a deed; whereupon the other party might claim oyer.

Monstravit, monstraverunt, L A writ for tenants in ancient demesne
who were distrained for duties or services contrary to their liberties.

Moot A meeting or court; an argument. A subject for argument.

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MOOT CX)URT— MULIER 251

Moot court A court in which imaginary causes are tried by law
students.

Mora reprobatur in lege, l. Delay is disapproved of in law.

Morands solutionis causa, L For the purpose of postponing payment.

Morari, L To delay. Moratur in lege : he demurs.

Morganatic marriage. A marriage between a woman and a man of
higher rank, in which it is stipulated thbt neither she nor her children
shall share his rank or enjoy the ordinary civil consequences of legal
marriage.

Morier, mourir, etc., fir. To die. Mouimnt: dying.

Mors, L Deatii. Mors didtur ultimum suppUdum: death is called
the extreme penalty. Mors omnia dissolvit: death dissolves all
things.

Mort, /r. Death. Mort d'ancestor: see Assize.

Morte donantis donatio confirmatur, /. A gift is complete by the
death of the donor [applied to revocable gifts].

Mortgage, Mortuum vadium, I. A dead pledge; one where the rents
and profits did not go to the discharge of the debt. A conveyance of
land defeasible on the performance of a certain condition; usually the
payment of money; see Rob, EL L, Rev, ed., § 9B.

Mortgagee. One to whom a mortgage is made.

Mortgagor. One who makes a mortgage.

Mortis causa, I. By reason, or in contemplation, of death; see Causa;
Donatio.

Mortmain. (Dead hand.) A term applied to conveyances to a cor-
poration; particularly a religious corporation, when it was held, with-
out possibility of alienation or change, by persons dead in law.
Statute of Mortmam: 7 Edw. I.; 9 Geo. II. c. 36; see 2 Bl. Com. £74^

Mortuary. Originally, a gift left by a man on his decease to the parish
church, a corse present, q. v.; later, it was claimed as a due, a sort of
ecclesiastical heriot.

Mortuum, L Dead. Mortuum vadium: a mortgage. Mortuus ezitus
non est ezitus: a dead issue is no issue.

Mos pro lege, I. Custom instead of law.

Mote, sax, A court or assembly; a meeting of the people.

Motion. An application made to the judge viva voce in open court; see
Rob, El, L, Rev, ed,, § S07.

Moult, mult, fr. See Mour,

Movable. See HsBrrABLB.

Moy,/r. Me; I.

Moyen, fr. Mean; intermediate; middle. Pur moyen: by means of.

Mulier, /. A woman; a wife. A lawful son. Mulier puisn6 (see Bastabd
BiGNl) : the eldest legitimate son. Multa conceduntur per obliquum
qam non conceduntur in directo: many things are allowed indirectly
which are not allowed directly. Multa in jure communi contra ra-
tlonem dispotandi, pro communi utUitate introducta sunt: many

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252 MULTIFARIOUS— NAAM

things have been introduced into the common law for the pubfio

good, which are inconsistent with sound reason.
Multifarious. In equity pleading, putting distinct subjects in the same

biU.
Multiplepoinding. A proceeding in Scotch law like interpleader.
Multiplicity of suits. This is discouraged by equity; as if a bill be

brought for a part of a single cause of action, or an heir seek to re-
deem one of two mortgages made by the ancestor; see Bill, I. 12;

Rob, El L. Rev.ed,, § SSO,
Multitude errantium non paxit errori patrodnium, L The multitude of

those who err does not amount to a protection of error.
Multure. The grinding of grain; the toll paid therefor.
MunicepSi L I^titled to hold office; eligible.
Municipal corporation. A public corporation, administering local gov-

emment. Municipal law: the law of a particular state or nation.

Municipal court: see Coubt, 112.
Muniments, miniments. Deeds or written evidences of title.
Munus, pi. munera, L Grants made under the early feudal system,

revocable at the lord's pleasiure.
Murder. 1. Malicious homicide; see 4 BL Com. 199; Rob, El. L. Rev.

ed.f § SiSS; Malice. 2. Anciently, secret homicide; the homicide of

a Norman as distinct from that of an Englishman; see Enqubcebt;

Murdrum.
Murdrum, L Murder. A fine imposed on a hundred where a person was

fo\md slain, Englecery not being proved; see S BL Com. S91; 4 id. 196.
Murorum operatio, I. The service of repairing castle walls or city walls;

which was commuted into a money payment by the tenants, called

murage; which name was also given to a toll for the same purpose,

taken of every cart or horse passing through the town.
Mutation. A transfer of property.
Mutatis mutandis, I. Those things changed which ought to be changed;

making the necessary changes. Mutato nomine de te fabula nairatur:

the story is told of you, under a different name.
Mutus et surdus, I. Deaf and dumb.
Mutuum, I. A loan of fungible goods, to be consumed and returned in

kind.
yLjifr. Half; middle.
Mys,/r. Put; set; inserted.

N

JX.'B.'LfNonestinoerUus. JX.L.^ Non Uquet. N. P., iVtn* Pr»i». fP^Ne.
Na, Nad, Navera, fr. He has not, shall not have; there is not.
Naam, nam, sax., name,/r., naminm, I. A taking; a distress. Nomium
yetitum: withernam, q. v.

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NADGAYERS— NE 253

NadgayerSy naidgaits, etc., /r. Lately; not long sinoe.

Naif,/r. A villein; a bom slave; a woman slave.

Naift6, /r., naivitas, L Villeinage.

Nailours, fr. Not elsewhere.

Naked. Lacking in quality; not complete; see Rah. El, L. Reo, ed., § 44-

Naked truat. One requiring no action by the trustee beyond turning

over the property to the cestui que trust.
Nam,L For. (For maxims beginning with nam, see under second word.)
Namium. Taking or distraining another person's movable goods; see

S BL Com, 149,
Nappenty /r. Does not belong.
Narr., for nairatio, Z., naira^ony fr, A count; a declaration. Narrarey

l,t nairetffr.: to declare; to oo\mt. NarratOTi {.: a countor; advocate.
Naadturua. Unborn.
Nastre, fr., nasd, I. To be bom. Nati et naadturi, L: bom and (to be

bom) unborn.
Natio. A native place.
Native habendo. The writ which lay for a lord when his villein had run

away from him.
Nativna, nativa, I. A villdn; a female slave; see 2 Bl. Cam, 9S, Nativi-

taa: see Naiit^.
Natuia brevium, L (The natiu% of writs.) A collection of original

writs, with brief comments upon them, compiled in the reign of Ed-
ward III., called old natura brevium (O. N. B.), to distinguish it from

the Natura Brevium of Fitzherbert. Natura non fadt aaltum; itanec

lex: nature makes no leap [moves gradually]; so neither does law.
Natural children. Bastards.

Natural day. The space of time between rising and setting sun.
Natural heirs. Heirs of the body; see 19 Conn. 112.
Naturale est quidlibet dissolvi eo modo quo ligatur, I. It is natural for

a thing to be dissolved as (in the manner in which) it is created.
Naturalization. Admitting an alien to full rights of citizenship, for

which an Act of Parliament was formerly necessary; see Denizbn;

9 Wheal. 827,
Naufragium, {. Shipwreck.
Naulum, {. Freight.
Nauta, I. One who charters a ship. A carrier by water; see 2 Id,

Raym, 917,
Nautico fcenere, {. With fcmus nauticum, marine interest.
Navigable. A river is navigable at common law as far as the tide ebbs

and flows; see 122 Pa, 191; Rob. El, L. Rev. ed., § 54^
Navigation Act The 12 Car. II. c. 18, forbidding foreign ships and

seamen to trade with British colonies.
Navia bona, I, A " good ship."
Noy/r. Not. Ne baila pas (he did not deliver) : an old plea to detinue.

Nediaturbapaa (he did not hinder): the general issue in ^uare tmpedtt.

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254 NE-NEGARE

Ne dona pas (he did not give) : the general issue in formedon, q, v,
Ne disseise pas: not disseised. Ne gist en le bofiche: it does not lie in
the mouth. Nerelesse pas: not released. Ne unqnes accouple (never
married): a plea in doioer unde nihil habei. Ne unques executor:
never executor. Ne unques receivour (never receiver): a plea in
account. Ne unques seise que dower (never so seised that dower
[ensued]) : the general issue in dower unde nihil habet.

Ne, I. Lest; that not. Ne admittas: a writ to forbid the admission of
a clerk pencUng a qiuire impedil; see S Bl. Com. 248. Ne defldat jus-
ticia: lest justice should fail. Ne exeat regno: a prerogative writ
issuing from Chancery to prevent a person from leaving the kingdom
or state; formerly political, but now used by the plaintiff in a civil
suit; see 1 Bl. Com. 266; called in America ne exeat republica. Ne
injuste vexes: an old writ prohibiting a lord from demanding more
services from the tenant than were justly due by the tenure under
which his ancestors held; see S Bl. Com. 2S4. Ne luminibus offldatur,
I, : a servitude restraining the owner of a house from erecting obstruc-
tions of another's light. Ne quis plus donasse presumatur quam in
donatione expresserit: 1^ any one be presumed to have given more
than he expressed in the grant. Ne redpiatur (that it be not received) :
a caveat or warning to an officer, filed by a party, and directing him
not to receive some process or record of the adverse party. Ne varie-
tur (that it be not changed): words written by a notary on a bill or
note for purposes of identification.

Near. A relative term meaning at no great distance; see 44 Mo. 197.

Nearest Most convenient by access, not necessarily nearest in meas-
ured distance; see 64 Tex. S07,

Neat, net Exact weight without the endosure within which it is
contained.

Nee, necque, {. Nor; neither.

Necessaries. A relative term applied to the circumstances of the indi-
vidual, and includes such things as are proper and requisite for suste-
nance; see 47 Minn. 260.

Necessitas est lex temporis et lod, I. Necessity is the law of time and
place. Necesdtas fadt lidtum quod alias non est lidtum: necessity
makes that lawful which is otherwise not lawful. Necessitas indudt
privilegium quoad jura privata: necessity [of self-preservation, obe-
dience, or resulting from acts of God or a stranger] creates a privilege
as to private rights [is an excuse for the violation of them]. Necessitas
publica major est quam privata: the public necessity overrules the
private one [e. g. a man must die for bds country]. Necessitas quod
cogit defendit: necessity excuses what it compels. Necesdtas
vindt legem: necessity overrules the law.

N6e, n6,/r. Bom. N6evife: bom alive.

Nefas, L Wrong; impious action. Diesnefasti: not court days.

Negare, I. To deny. Negatum: denied.

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NEGATIVE CONDITION— NEMO 255

Vegative condition. One which must not happen.
Negative pregnant One which implies a possible affirmative; a denial
not full, not covering the entire assertion; see Rob. El. L. Rev. ed.f

isoe.

Neglect Omission. Not necessarily carelessness or imprudence; see
64 N. Y. 262.

Negligence. The absence of care according to circumstances; eee 78
Pa. 219; 91 Col. 296; 96 U.S.Ul.

Negligentia semper habet infortunium comitem, I. Negligence al-
ways has misfortune for a companion.

Negotiable. A term applied to an evidence of ddi)t which may be so
transferred that the transferee may sue in his own name. Transfer-
able by indorsement; see 1^8 Pa. 683. Negotiable words: the words
" order " or " bearer " in a note, bill, or check.

Negotiate. To arrange; to sell; to discount; to indorse and deliver;
see 42 Md. 681.

Negotioram gestor, I. A person who manages the affairs of another in
his absence, without his knowledge or mandate.

Neife, neif, niefe. iSfee Naif.

Neint,/r. None; not; MeNisNT. Neint contriateant: notwithstanding.
Neint meins : none the less.

Nem. con., nemine contradicente, I. No one dissenting. Nemlnem
oportet esse sapientiorem legibns: no one should be wiser than the
laws.

Nemo, L No one. Nemo admittendua est inhabilitareseipsam: no one
is to be allowed to prove himself incapable. Nemo agit in seipsum:
nobody can [act upon himself] sue himself, or be judge in his own cause.
Nemo allegans suam turpitudinem estaudiendus: no one should be
heard to allege his own infamy. Nemo bis punitor pro eodem delicto :
no one is punished twice for the same offence. Nemo cogitur rem
suam vendere, etiam justo pretio : no one is forced to sell his own prop-
erty, even for a fair price. Nemo contra factum suum venire potest:
no one can contravene his own deed. Nemo cogitationis poenam
patitur: no man suffers a punishment for thought. Nemo dat qui
non habet: no one who has no title can make a grant. Nemo dat
quod non habet: no one can give what he does not possess. Nemo
de domo sua eztrahi potest: no one can be forcibly taken from his
house. Nemo debet bis vexari pro una eteadem causa: no one ought
to be twice troubled for one and the same cause. Nemo debet esse
judex in propria causa: no one ought to be judge in his own cause.
Nemo debet ez alieno danmo lucrari: no one ought to benefit by the
loss of another. Nemo debet locupletarialienajactura: no one ought
to be enriched by another's loss. Nemo est lucres viventis: a person
living has no heir. Nemo enim aliquam partem recte intelligere poadt
antequam totum iterum atque Iterum perlegerit: for no one can rightly
understand any part before having again and sgain gone over the

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256 NEMY— NEW ASSIGNMENT

whole. Nemo ex alterius facto pnegravari debet: no one ought to be
burdened in consequence of another's act. Nemo ex consilio obli-
gatur: no man is bound by his advice. Nemo ex proprio dolo coose-
quitur actionem: no man acquires a right of action from his own
wrong. Nemo in porpria causa testis esse debet: no one ought to be
witness in his own cause. Nemo inauditns condemnari debet, si non
sit contumax: no one ought to be condenmed unheard, unless he be
contumacious. Nemo invitos compellitor ad communionem: no one
can be forced into a partnership against his will. Nemo patriam in
qua natus est exuere, nee ligeantiae debitum ejurare possit: a man
cannot abjure his native coimtry nor his due allegiance. Nemo plus
juris ad alitun transfeire potest quam ipse haberet: no one can trans-
fer to another a greater interest than he himself possesses. Nemo
potest contra recordum verificare per patriam: no one can disprove
a record by an issue to the jury. Nemo potest esse dominus et tenons,
hseres: no one can be [both] lord and tenant, heir. Nemo potest esse
simul actor et judex: no one can be both judge and suitor. Nemo
potest facere per alium quod per se non potest: no one can do by
another what he cannot do himself. Nemo potest mutare consilimn
suum in alterius in juriam : no one can change his purpose to another's
injury. Nemo prssumitor alienam posteritatem sua pFsetulisse:
no man is presimied to have preferred another's posterity to his own.
Nemo pr»sumitur esse immemor suae setenue salutis, et maxime in
articulo mortis: no one is presumed to be unmindful of his salvation,
most of all at the point of death. Nemo prsesumitur mains: no one is
presumed guilty. Nemo prohibetur pluribus defensionibus uti: no
one is forbidden to use several defences. Nemo pnidens punit ut
prseterita revocentur, sed ut futura prseveniantur: no one punishes to
undo what is done, but to prevent what may be done. Nemo punitor
pro alieno delicto : no man is punished for the fault of another. Nemo
sibi esse judex, vel suis jus dicere debet: no one ought to be judge in
cases where himself or his family are concerned. Nemo tenetur ad
impossibilia: no one is held to [perform] impossibilities. Nemo ten-
etur, no one b bound; divinare, to divine [foresee]; edere Instro-
menta contra se, to show instruments against himself [his own in-
terest]; jurare in suam turpitudinem, to swear to his own infamy;
seipsum prodere, to betray himself; seipsum accusare, to accuse
himself; seipsum infortuniis et periculis exponere, to expose himself
to misfortunes and dangers.

Nemy, /r. Not.

Nestre, /r. To be not. Nest: it is not; there is not.

Net. See Neat.

Never indebted, Plea of. The common traverse or general issue in
actions of debt on simple contract.

New assignment A restatement of a cause of action with more par-
ticularity, in answer to the defendant's plea; as when the defendant

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NEXI— NISI 257

answered only one of several trespasses; or if he pleaded a justification,
and the pluntiff grounded his action on excess; see 26 Johns, 4S; S Bl.
Com. Sll, New trial: a rehearing of a case, after verdict, before
another jury.; see 99 Col, 266; Rob, El, L, Reo, ed,, § S66,

Nazi, I, Persons held in bond.

Next friend. A person, usually a relative, not appointed by court (see
Guardian ad litem), in whoee name an infant or married woman •
sues, and who becomes responsible for costs; see 134 U. S, 660.

Next of kin. 1. A person's nearest relatives according to the civil law;
eee Rob, El, L. Rev, ed., § 404; Dboree. 2. The relatives of a dece-
dent entitled to his personal estate under the statute of distributions;
see 6S N, C, 242.

Niefe, fr. See Naif. A female villein; see 2 Bl, Com, 94-

Nienty fr. Not; nothing; see Neint. Nient comprise: not included.
Nient culpable: not guilty, the general issue; see 4 Bl, Com. S39.
Ifient dedire (to deny nothing): to suffer judgment by default.
Nient le fait: not the deed; eee Non est factum. Nient seisi: not
seised.

Nihil, ml, I, Nothing; not. Nihil aliud potest rex quam quod de jure
potest: the King can do nothing else than what he can do by law.
Nil capiat per breve (that he take nothing by his writ): words of
judgment for the defendant on an issue on a plea in bar or abatement.
Nil debet (he owes nothing) : the general issue in debt on a simple
contract; see S Bl. Com. 306. Nil didt (he says nothing) : words in a
judgment against the defendant for default in failing to answer; eee
S Bl. Com. 296, 397. NihU consensui tarn contrarium est quam vis
atque metos: nothing is so unlike consent as force and fear. Nihil
fadt error nominis cum de corpore constat: an error in the name has
no effect when it is clear as to the person meant. Nihil habet (he
has nothing) : the name of a return made by a sheriff upon a scire
facias, or other writ, which he has been unable to serve. Nil habuit
in tenementis (he had nothing in the tenements) : a plea in an action
of debt upon a lease indented, setting up that the person claiming to
be landlord had no title. NihU perfectum est dum aliquid restat
agendum: nothing is perfect while anything remains to be done.
Nihil pnescribitor nisi quod possidetur: there can be no prescription
in that which is not possessed. Nihil tarn conveniens est naturali
flsquitati, quam voluntatem domini volentis rem soam in alium trans-
feire, ratam haberi: there is nothing so consistent with natural
equity as to hold good the wish of an owner desiring to transfer his
property to another. Nihil tarn naturale, etc. : see Naturale.

Nimia subtilitas in jure reprobatur et talis certitude certitudlnem con-
fundit, I. Excessive subtlety is disapproved of in law, and such nicety
confuses certainty.

Nisi, I. Unless; if not. Rule, decree nisi: see Absolute. IHsi feceris
(shouldst thou not do it) : the name of a clause commonly occurring

17

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258 NOCERE— NON

in the old manorial writoi commanding that, if the lords failed to
do justice, the King's court or officer should do it. By virtue of this
clause, the King's court usurped the jurisdiction of the private, man-
orial, or local courts. Nisi prius: unless before; a term apphed to
trials of fact before a single judge; to the ordinary court, the court of
a judge on his circuit, as distinguished from the full bench, or the
courts at Westminster; see Assize. Nisi prius court: seeS BL Cam,
68; Court, 27. A trial before a single judge with jury. Nisi prius
record, roll: the parchment roll containing the pleadings, issue, and
jury process of an action, made up for the use of the judge at nisi
prius. Nisi prius writ: the old name of the writ of venire facias^ which
directed the sheriff to bring the men impanelled as jurors to the courts
at Westminster unless hrfore that the justices of assise came into his
county; see 3 Bl. Cam, 364,

Nocere, Z. To hurt, or damsge. Nocent: guilty. Nocmnentism:
nuisance; damage.

Nolle, I, To be unwilling. Nolens volens: willing or not. NoQe pro»-
equi, nol. pros.: a formal entry of the plaintiff, or prosecuting officer,
on the record, that he wiU not further prosecute his suit as to some of
the counts, or as against some of the defendants; or less frequently,
that he will wholly discontinue the action; see 17 Pick. 396; lOfS Mass.
487,

Nolo contendere, I. (I do not wish to contend.) The name of a plea
in an indictment or criminal case, upon which the accused may be
sentenced. It does not conclude the defendant from disputing in a
civil action the facts charged in the indictment; see 9 Pick. 206; Rcb.
El. L. Rev. ed., § 601,

Nomen, I. Name. Nomen collectiram: a collective name; a singular
noun of multitude. * Nomen generalissimum: a most general name;
the most comprehensive term; see 2 Bl. Cam. 19; 3 id. 172, Nomen
juris: a term technical in law. Nomen universitatis: the name (of
the whole together), the entire thing, from all points of view, with all
its rights. Nomina sunt notse rerum: names are the marks of things.
Nomine poens (in the name of a penalty) : a penalty fixed by covenant
in a lease for non-performance of its conditions. Nomine damni: in
the name of damage; by way of damages.

Nominal damages. A triffing sum awarded as compensation; see
Sedg. Dam,, 2d ed., 19.

Nominal partner. See Partner.

Nominatim, {. By name; each named in turn.

Nomination. See Presentation.

Non, I. No; not. For many phrases beginning with non^ see under
second word. Non acceptavit (he did not accept) : a plea to an action
against the drawee of a bill of exchange. Non accipi debent verba
in demonstrationem falsam, qam eompetunt in limitationem veram:
words ought not to be taken for a mistaken description, when they

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NON 259

may serve as a good limitation; see Falsa demonstbatio. Non
accrevit infra sex annos (it did not accrue within six years) : a plea
of the statute of limitations. Non age: see Nonage. Non aliter a
significatione verborum recedi oportet qiuun cum manifestom est
aliud sensisse testatorem: the literal meaning of words ought not to
be departed from except when it is clear that the testator meant
something else [in using them]. Non assumpsit (he did not promise) :
the general issue in assumpsit; see Perry C. L. PI. B47; S Bl. Com.
SOS. Non assumpsit infra sez annos (he did not promise within six
years) : a plea of Uie statute of limitations in assumpsit; see S Bl. Com.
808. Non cepit (he did not take): the general issue in replevin; see
Rob. El. L. Rev. ed., § 820. Non claim: see Nonclaim. Non conces-
sit (he did not grant) : the plea of a defendant, a stranger to a deed
or patent relied upon by the plaintiff, denying that it was granted as
alleged. Non consentit qui errat: he who mistakes does not consent.
Non constat : it does not appear; it is not clear. Non cul' (culpabilis) :
not guilty; see 8 Bl. Com. 806; 4 id. 889. Non danmiflcatus (not dam-
nified) : a plea of performance to an action of debt on a bond of in-
demnity; see Bond. Non dat, etc.: see Nemo dat. Non debet ad-
duci exceptio, etc.: see Exceptig bei. Non debet cui plus, etc.: see
Cm LICET. Non debet fieri: see FnsRi. Non dedmando: see De;
Modus. Non decipitur qvi scit se dedpi: a person is not deceived
who knows he is being deceived. Non dedit: Ne dona pas. Non
demisit (he did not demise) : a plea to an action for rent, den3ring a
parol lease; see Nil habuit in tenementis. Non detinet (he does not
detain) : the general issue in detinue; see Rob. El. L. Rev. ed.j § SfSO.
Non distringendo: an old writ to prevent a distress. Non entia:
things not existent. Non efficit affectus nisi sequatur effectus: the
intent amounts to nothing unless the effect follow. Non est arctius
vinculum inter homines quam jusjurandum: there is no closer bond
among men than an oath. Non est dlsputandum contra principia
negantem: there is no disputing with one who denies principles. Non
est factum (it is not his deed) : the general issue in debt on a specialty;
see 8 Bl. Com. 806. Non est inventus (he is not found) : the return
made by the sheriff to a capias requiring him to arrest the person of
the defendant, when he is not foimd within his bailiwick; see 8 Bl.
Com. 288; Bill, I. 8. Non facias malum ut inde fiat bonum: you
should not do evil that good may result. Non feasance: see Non-
feasance. Non fecit (he did not make it) : a plea to an action on a
promissory note, etc. Non habuit ingressum nisi per, etc.: he had
no entry except through, etc. Non impedit clausula derogatoria quo
minus ab eadem potestate res dissolvantur a qua constituentur: a de-
rogatory clause in an act does not prevent its being dissolved by the
same power which created it. Non impedlvit: ne disturba pas. Non
infregit conventionem: he did not break the covenant. Non joinder:
see Nonjoinder. Non juror: see Nonjubob. Non jus sed seisina

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260 NON

facit stipitem: it is not the right, but the seion, that determines the
root of descent; i. e., an estate descends from the person last actually
seised, not seised in law merely. Non liquet: it is not clear [I am un-
decided]. Non memini: I do not remember. Non observata forma,
infertur adnuUatio actus: where due form is not observed, the annul-
ling of the act follows. Non obstante: notwithstanding; in spite of
anything to the contrary; see 1 BL Com. S42; 2 id, 27S; 4 id. 401.
Non obstante veredicto: a judgment for the plaintiff entered by order
of coxxrt after a verdict for the defendant; see Rob. El. L. Rev. ed.,
§ 344. Non omittas (that you do not omit) : a writ or clause in a writ
authorizing a sheriff to enter a liberty in serving process. Non omne
damnum produdt injuriam: not every damage produces a legal wrong.
Non omne quod licet honestum est: not eveiything that is lawful is
honorable. Non omnium quad a majotibus constituta sunt ratio
reddi potest: a reason cannot be given for everything established
by our forefathers. Non plevin: see Nonplevin. Non possessori
incumbit necessitas proband! eas ad se pertinere: the burden does
not lie on a possessor of proving his possessions his own. Non potest
adduci, etc.: see Exgbptig. Non potest probari quod probatum non
relevat: that cannot be proved which would not be relevant if proved.
Non potest quis sine brevi agere: no one can sue without a writ.
Non potest rex gratiam facere cum injuria et danmo aliorum: the
King cannot confer a benefit to the damage and wrong of others.
Non pros', prosequitur (he does not pursue) : an entiy by, and judg-
ment for, the defendant, when the plaintiff fails to proceed wiUi his
suit, or to file any necessary process in due time; see 3 Bl. Com. 296.
Non quod dictum, sed quod factum est, inspidtur: not what was said,
but what was done, is regarded. Non refert an quis assensum saum
praefert verbis, an rebus ipsis et factis: it matters not whether he
give his consent by words, or by the things themselves and deeds.
Non refert quid notum sit judid, si notum non sit in forma judidi:
it matters not what may be known to the judge, if it be not known
judicially. Non refert verbis an factis fit revocatio : it does not matter
whether the revocation be in words or deeds. Non sequitur: it does
not follow; see Nonsutt. Non solent qu« abundant vitiare scrip-
turas: superfluous expressions do not usually vitiate instruments.
Non sttbmisit (he did not submit to arbitration) : a plea to an action
on an award. Non suit: see Nonsuit. Non sum informatus (I am
not instructed) : a species of judgment by default, entered for the de-
fendant's attorney; usually in pursuance of an agreement between the
parties; see 3 Bl. Com. 397. Non tenuit ([the plaintiff] did not hold):
a plea in bar in replevin to an avowry for arrears of rent. Non tenure :
see NoNTSNUBiB. Non term: see Nonterm. Non^user: see Nonuseb.
Non valet ezceptio, etc.: see Exceftio. Non videntur qui errant
consentire: they who consent under a mistake do not consent at all.
Non videtur consensum retinuisse si quis ez prttscripto minantis

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NONABILITY—NOTICE 261

aliqiiid immistavit: if he changed anything at the dictate of a person
threatening, he is not held to have continued his consent.

Nonability. Incapacity; as, to sue, etc.

Nonage. Infancy; under age; 9ee Aqb.

Nondaim. A n^ect to challenge another's right within the time lim-
ited* by law, by which the claimant was barred of his right or entry.

Nonfeasance. A not doing; a non-performance; see Rob. El. L. Beo. ed.,
§ 197; Malfeasance; Misfeasakce.

Nonjoinder. A failure to join in an action all the necessary parties.
A plea in abatement on that ground; see 24 Conn. 686.

Nonjuror. A person refusing to take an oath imposed by the govern-
ment; particularly the oath of allegiance to William III. and his suc-
cessors, after the abdication of James II.; see i DaU. 170.

Nonsuit A judgment given against a plaintiff when he cannot prove
his case, or when he abandons it after issue joined and before verdict.
Nonsuits are conunonly voluntary, and were effected by the plain-
tiff's not answering when called to hear the verdict; see 77 Me. S44;
IS Johns. 3S4.

Nontenure. An exception to the demandant's count in a real action,
denying that he was tenant of the freehold; see 14 Mass. 2S9.

Nonterm. The time of vacation between term and term.

Nonuser. Omission to assert a privilege, franchise, easement, or right;
see eS Pick. 141-

Normal law. The law affecting persons std juris and compos mentis,
when they are in a normal condition; the law of things, as distinct
from the law of persons.

Nosdtur a sociis, I. [He] it is known by [his] its companions. The
meaning of a word may be determined by the meaning of the words
associated with it; see 104 U. S. S17.

Not found. See Bill, I. 6. Not guilty: a plea of the general issue in
trespass, case, and criminal causes; see S Bl. Com. SOB. Not poisessed:
a plea of specific traverse in trover, denying that the plaintiff was
possessed of the goods at the time of action brought. Not proven:
a Scotch verdict in criminal cases, having the legal effect of a verdict
of not guilty, but leaving the prisoner under suspicion.

Nota, 2., note. A note; a memorandimi; a preliminary memorandum
of a deed or charter; see Fine. A promissory note: a negotiable un-
conditional promise, written and signed by the maker, for the pay-
ment of a certain sum of money to some certain person, his order, or
bearer. He is called the payee.

Notary. A public ministerial officer, before whom many acts are re-
quired to be done; as, the attestation of deeds or writings, Uie protest-
ing of negotiable paper, etc.

Notice, notitia, {. 1. Knowledge. 2. A written notification, dated,
addressed, and signed by the party or his attorney; see 100 N. C.
226, Actual notice: when a third person has actual knowledge of a

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262 NOTORIOUS-NUL

fact or transaction affecting his interests; see 161 U, S. 607. Con-
structive notice : when such an act is done or state of things exists as
would put a reasonable man on his inquiry, or where a legalized form
of notice [such ajs record or advertisement] is complied with; in both
of which cases, as to the rights of a third party, the legal conse-
quences of actual notice will follow; see 14 Pick. 22^.

Notorious. In adverse possession such notoriety that notice to the
owner is presumed; see S3 Fla. 261.

Notoriously. Generally and well imderstood; see 46 Fed. R. 724-

Nova, I. New. Nova constitutio futuris formam imponere debet, non
prfleteritis: a new statute ought to prescribe form to future acts, not
past [ought to be prospective, not retrospective, in its operation].
Nova custuma: see Custom a. Novae nairationes (new counts): a
book of forms of pleadings published in the reign of Edward III.;
see S Bl. Com. 297. Nova statuta (new statutes) : the English stat-
utes from 1 Edward III.

Novatio, Z., novation. The substitution of a new debt or obligation for
an old one, which latter is thereby extinguished. It is novation if
either the debtor, the creditor, or the obligation be changed; see 1S7
N. Y. 64B; Rob. El. L. Rev. ed., § 294,

Novel, /r. New. Novel disseisin: see Assize.

Novels. The New Constitutions of Justinian and his sucoeasois.

Noverint universi per prssentes, I. Know all men by these presents.

Novigild. A satisfaction of an injury to nine times its value.

Noviter a4 notitiam perventa, I. Matters lately come to the knowledge
of a party.

Novum judicium non dat jus novum, sed dedarat antiquum, I. A new
judgment does not give new law, but declares the old.

Novus homo, I. A new man. One pardoned of a crime.

Noxious. Hurtful or offensive as done, although harmless and inoffen-
sive if differently done.

Nuda pactio obligationem non parit, I. A bare promise does not create
an obligation.

Nudus, nudum, I. Naked; bare. Nuda patientia: mere sufferance.
Nuda possessio: mere possession. Nudum pactum: an agreement
without a consideration; see 2 Bl. Com. 44^; Ex.

Nuisance. Annoyance, or damage, especially if to or from real property;
see Common; Private; Assize; 3 Bl. Com. 6, 216; Rch. El. L. Rev.
ed.y §§ S5, 203.

Nul, fr. No; no one. Nul agard, nul fait agard, nul tiel agard: a plea
denying the award in an action on an arbitration bond. Nul assets
ultra: no further assets. Nul disseisin: the general issue in a real
action, or assize of novel disseisin; see Rob. El. L. Rev. ed., § 322. Nul
prendra avantage de son tort demesne: no one shall take advantage
of his own wrong. Nul tiel record: a pleading denying the existence
of a record as allied; the general plea in an action of debt on a judg-

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NTJLLUS-OB 263

ment; see 10 OhiOf 100, Nul tort (no wrong) : an old general issue in a
real action, like Nul disseisin. Nul waat fait: the old general issue
in an action of waste.

Nullusy nullum, 2. No one; none; null; void. Nulla bona (no goods) :
a sheriff's return to a fieri facias, when the defendant had no goods
within the county on which a levy could be made. Nulla pactione
effid potest ut dolus prsestetur (by no agreement can it be effected that
a fraud should be maintained) : no posable contract can prevent the
agreement from being invalidated by fraud. NuUius fllius: nobody's
son; a bastard. NuUius in bonis: the property of no one. NuUius
Juris: of no legal force. NuUum arbitrium: no award; see Nul
AGARD. NuUum iniquum est prsesumendum in jure: nothing unjust
is to be presumed in law. NuUum simile est idem: nothing similar is
the same. NuUum tempus occurrit regi (no time runs against the
King) : no lapse of time is a bar to a right of the Crown. NuUus com-
modum capere potest de injuria sua propria: no one can take advan-
tage of his own wrong. NuUus idoneus testis in re sua inteUigitur:
no one is understood to be a fit witness in his own case. NuUus jus
aUenum forisfacere potest: no one can forfeit another's right. NuUus
recedat e curia cancellaria sine remedio: let no one leave the Court
of Chancery without a remedy. NuUus videtur dolo facere qui suo
jure utitur: he is not to be esteemed a wrong-doer who avails himself
of his legal rights.

Numerus certus pro incerto ponitur, {. A definite number is put for an
uncertain one.

Nunc pro tunc, I. Now for then; retroactive.

Nuncio. A pope's ambassador.

Nuncupative wiU. Oral directions as to the disposal of the testator's
property, made before witnesses, and not immediately reduced to
writing; see 4 Kent, 676; 2 Bl. Com. 600.

Nundinte, Z. A fair; fairs.

Nunq, nunques,/r. Never.

Nunquam indebitatus, I. Never inddbted. Nunquam cresdt ez post
facto prseteriti deUcti estimatio: the character of a past offence is
never aggravated by a subsequent matter. Nunquam pnescribitur in
false: there never can be prescription in a case of forgery.

Nuper, I. Late. Nuper obiit Gately died) : an old writ for a coheiress
who was kept out of possession by her coparcener.

Nuptis, I. Marriage. Nuptias non concubitus sed consensus fadt:
the consent, not the consummation, makes the marriage.

Nuros, I. A daughter-in-law.

O. N. B. Old Natura Brevium.

Ob,/. For; about; on account of. Ob turpem causam: for an immoral
consideration.

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264 OBIT-OFFICE

Obit, I. (He dies.) A funeral solemnity; the anniversary office. Obiit

sine prole: he died without issue.
Obiter, L By the way; in passing; see Dictum.
Object of a trust The person or thing intended to be benefited by. the

trust.
Oblata, {. Gifts or offerings to the Crown; formerly a regular source of

royal revenue. Old debts, in the Ebcchequer, oblations, q. v.
Oblations. Gifts or offerings to God or the Church; mortuary presents,

Boulsoot, q^v.; payments or gifts for masses, funerals, etc. Formerly

the principal source of church revenues.
Obligation. A bond; a sealed writing by wliich a person is legally bound.

(In Roman law, see Howe*s Civ, L. 198,)
Obligor. The party bound. Obligee: the party to whom a promise is

made in a bond.
Obloqtty. Censure; reproach; see 70 Cal. £75,
Obrogatioii. , The annulling or altering a law by passing a law contrary

to it.
Obscene. That which is offensive to chastity and modesty; see 46

Fed, R, m-
Obsta prindpiis, {. Withstand the beginnings; see 116 U. S, 636,
Obstupare, I. To stop up. Obstupavit et obstnizit: stopped up and

obstructed.
Obtemperandum est consuetudini rationabili tanquam legi, I. A rea-
sonable custom is to be obeyed like law.
Obtulit ae, {. (He offered himself.) An entry on the record when the

other party did not appear.
ObTentio, I, Obvention; rent; revenue of a spiritual living.
Obvious. Apparent; evident; manifest.

Occado. A tribute imposed by the lord on his vassals or tenants.
Occupancy. A title procured by taking possession of corporeal things

that are without an owner, with intention to assimie ownership over

them; see e Bl. Cam, 403; e Kent, 290; Rob. El. L, Rev. ed., § 15IB,
Occupant A person who takes possession of a thing in default of an

owner. General occupant: the first person who entered on lands held

pur atUer vie after the death of the tenant, and who might hold them

until the death of the cestui que vie. If he entered under the original

grant, as heir of the tenant, or otherwise, he was termed a special

occupant; see Rob, El L. Rev. ed., { 80.
Occupatio, {. The taking of what previously belonged to no one; an

original method of acquiring property.
Occupavit, I, An old writ for one ejected from his land in time of war.
Octave. The eighth day after a feast; one of the old return-days, q. v,
Octotales,2. Eight such; 8ee Decem tales.
Odioetatia. SeeDE,
(Eps, (Bs, fr. Use.
Office, office found. 5ee Inquest of office. Office copy: 1. The copy

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OFFICER DE FACTO-OMNE CRIMEN EBRIETAS 265

of a record or filed document made by the officer having it in charge,

or by him sealed or certified. 2. A copy written at pleasure; tee

Close copy.
Officer de facto. One who hold office by color of authority, but illegally.
Offldna jttstitis, L The workshop of justice; 9ee Court, 15.
Offidum, L Office. Ex offido: by or from office; by virtue of office;

officially. Offidumnemini debet esse damnosum: an office ought not

to be an occasion of loss to any one [holding it].
Offspring. Lineal descendants in any degree; issue; see $S L. J. Ch.

S7S.
Oie, oiezy oir, /r. See Oyer.
Oil, oyely/r. 1. Yes; yea. 2. The eye.
Old Bailey. See Court, 48. Old Natura Brevium. A list and treatise

of the writs most in use, compiled in the reign of Edward III.; eee

Natura brevium; Fitzherbert. Old statutes: see Vetera btat-

UTA.

Oleron. A code of maritime laws published at Oleron, an island off
the French coast, in the twelfth century, under Richard I. or his
mother, Queen Eleanor; see 1 BL Com. 418; 4 id, 4£S.

Oligardiy, gr. The government by a few.

Olograph, olographic. A deed or instrument written entirely by the
person making it, a 'holograph, q, v.; autographic; see Rch, EL L,
Rev. ed., § 157.

Om, on,/r. Man; one; anyone.

Omissio eorum qui tadte insunt nihil operator, I. The omission of those
things which are tacitly implied has no effect.

Omissis omnibus aliis negotUs, I. Laying aside all other business.

Omne crimen ebrietas et incendit et detegit, I. (Drunkenness both
instigates and discloses every crime.) Drunkenness aggravates the
offence. Onme jus aut consensus fedt, aut necessitas constituit, aut
flxmavit consuetudo: every legal right was either created by consent,
enacted by reason of necessity, or confirmed by custom. Omne majos
continet in se minus: every greater contains in itself the less. Omne
majus dignum, etc.; see Maqib dignum. Omne quod incdifica-
tur, etc.; eee Inaditicatum. Onme sacramentum debet esse de
certa sdentia: every oath [every statement sworn to] ought to
be upon certain knowledge. Omne testamentum morte consumma-
tum est: every will is made complete by the death [of the testator].
Omnes licentiam habere his, qu« pro se indulta sunt, renundare : all
have liberty to renounce such privileges as are conferred for their own
benefit. Omnes sorores sunt quasi unus haures de una hsereditate:
all sisters are, as it were, one heir of one inheritance. Omni ezcep-
tione majores: beyond all exception; above suspidon. Omnia de-
licta in aperto leviora sunt: all faults committed openly are less
heinous. Omnia performavit: he hath performed them all. Omnia
prsesumuntor contra spoliatorem: every presumption is made against

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266 ONERARI NON— OPTIMA EST LEGIS INTERPRES

a despoiler [one who de8tro3rB or withholds evidence]. Omnia pr»-
sumuntor rite, legitime, solemniter esse acta: all things are pre-
sumed to have been properly, lawfully, formally done, donee probetor
in contrarium, until proof be made to the contrary. Omnia qtue sunt
uzoris sunt ipsius viri: all things which are the wife's are the hus-
band's. Omnibus ad quos prssentes liters penrenerint, salutem: to
all to whom these letters shall come, greeting. Onmis actio est loquela :
every action is a complaint. Onmis deflnitio in lege periculosa: any
definition in law is dajigerous. Omnia innovatio plus novitate pertur-
bat quam utilitate prodest: every innovation disturbs more by its
novelty than it benefits by its utihty. Omnis nova constitutio futuria
formam imponere debet, non prsteritis: every new enactment ought
to prescribe form for future things, not past. Onmis privatio prssup-
ponit habitum: any deprivation implies former possession. Omnis
ratihabitio retrotrahitor et mandato priori sequiparator: every ratifi-
cation works backward, and amoimts to a previous command. Om-
nitun bonorum: of all the goods; of one's entire estate.

Onerari non, I. Ought not to be biudened. A plea used in an action
of debt.

Oneratio. A cargo.

Oneris ferendi, I. The servitude of supi)ort, as by a party wall or other
structure to a neighbor's house.

Onerous. Not lucrative; with good consideration.

Onomastic. A signature to an instrument written by another hand;
not holographic.

Onus proband!, L The burden of proving.

Ope et consilio, I. By aid and counsel.

Open for business. Although a store is locked, if customers can get in
by knocking, it is open for business; see 15 S. W, (Ark.) 1034.

Open law. Manifest law; trial by ordeal or battel, q. v. Open policy:
see PoLicT. Open theft: see Furtum manifbstum.

Operarius, I. A tenant by bodily labor.

Operatio, Z. A day's work by the tenant.

Operation of law. A term applied to the acquiring or loss of rights
without the act of a party.

Opinio qu« favet testamento est tenenda, I. The opinion which favors
the will is to be held.

Oportet, I. It behooves. Oportet quod certa res deducator in dona-
tionem, in judicium: it is necessary that a thing certain be brought
into the gift, to judgment.

Opp*. For Obtulit se: he offered himself ; an entry on the record when
one party made default.

Opposite. Over against; standing in front or facing; see 68 Me, 360.

Optima est legis interpres consuetudo, I. Custom is the best inter-
preter of laws. Optima est lex qus minimnfTi relinquit arbitrio judicis,
optimus judex qui minimum sibi: that law is best which leaves least

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OPTION-OU 267

to the Judge's discretion; that judge, who leaves least to himself.
Optimus interpres rernm usus: usage is the best interpreter of
things.

Option. The prerogative of an archbishop on appointing a bishop to
have the latter provide a living for a clerk named by the former. Op-
tional writ: a writ framed in the alternative, to do a thing or show
cause; see S Bl. Com, S74-

Opns, {. Work, or labor. Benefit, or advantage. Opus locatum. A
piece of work let to be used or done by another person. Opos mani-
flcum: manual labor. Opus novum: a new structure.

Or. A disjunctive particle which may be construed "and'' to further
the intent of the parties in writings; see 98 U, S. 14S.

Oraculum, {. A decision of a Roman emperor.

OnL Spoken, as distinguished from written, and verbal, which may be
either spoken or written; see Wig. Ev,, § W94.

Ontor. A petitioner; a plaintiff in equity.

OrdeaL Anoldmethodof trial by the judgment of God; see 4 Bl Com.
S4B, 414f 4^' The Are or iron ordeal, where the accused took a piece
of red-hot iron in the hand, or stepped blindfold and barefoot over
red-hot ploughshares. The water ordeal, where he either plunged his
arm into boiling water, or was thrown into a pond. If he escaped
unhurt, or sank in the latter case, he was acquitted. The campfight
or dueUum was also a sort of ordeal; so the corsned,

Ordenamiento, span. An order from the sovereign.

Order. In Chancery, a decision ui)on an interlocutory matter. The
acts of a judge in chambers; see Rxtlb.

Ordinance. A law, statute, or decree. A by-law. A local act; see 17
Colo. SOS.

Ordinary. The judge having the ordinary, original, ecclesiastical juiia-
diction in a diocese; generally the bishop. In some American States,
the judge of probate and administration. Ordinary's court: see
COXTBT, 82, 110.

Ordine pladtandi servato, aervatur et jus, I. When the order of plead-
ing is observed, the law is also.

Ore, fr. Now.

Ore leave. The right to dig and take ore from land; see 84 Pa, S40.

OretenuSyZ. Orally; by word of mouth.

Original MIL jSee Bnx, 1. 10. Original writ, conveyance, process: see
Wbit; Convxtancb; Pbogbbs.

Origo rei in^d debet, {. The origin of the thing ought to be
examined.

Orphan's Court A Court of Probate; see Court, 110.

Oster, oter, ft. See Oubteb.

Ostendit vobis, {. Shows to you.

Ostensible partner. See Pabtmsb.

OOf/f. Or; where] whither; whereas; with; within.

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268 OULTRE LE MER-OYER ET TERMINER

Oultre le mer, /r. Beyond the sea.

Ouster, oster, oter,/r. To put out; take away; dispossess; to oust, or
deprive of. Disi>os8e8sion of a freehold or chattel real, or an heredit-
ament corporeal or incorporeal; the most general term for exclusion
from the possession of land; whereby the party ousted can only re-
gain possession by employing legal remedies; see 3 BL Com. 167; Rob,
El. L. Beo. ed., § SliS. Ousteilemain (to remove the hand): 1. The
livery, or delivery of the ward's lands out of the hands of the guardian
on the former's arriving at the proper age; a writ against the lord for
this purpose. 2. A delivery of lands out of the King's hands by judg-
ment for the petitioner on a monsirana de droit; see 2 BL Com. 68.

Ouster, /r. Over; further; beyond. Ouster le mer: beyond sea; see
Essom.

Outer bar. The junior barristers; see Queen's Cgxtnbbl.

Outfangthef e, sax. Either a tenant taken for theft outside the manor,
or a strange thief taken within it. The privilege enjoyed by a lord of
a manor of trying one of his tenants taken elsewhere for theft.

Outlaw. A person out of the protection of the law; whose property is
thereby forfeited, and who has, in general, no legal rights. In early
times he bore a caput lupinum, and might be killed at sight; see 3 BL
Com. 283.

Outlawry. A process by which a defendant or person in contempt on a
civil or criminal process was declared an outlaw. If for treason or
felony, it amounted to conviction and attainder; see 3 BL Com. 283.
Exigent; Capias utlagatum.

Outre, /r. Beyond.

Outstanding term. Attendant teim.

Ove,/r. With; for. Ovesque: with.

Ovel, owel, fr. Equal. Owelty: equality. En owel main: in equal
hand.

Overt. Open; evident; see 2 BL Com. 449; Market.

Owling. The offence of transporting wool or sheep out of the king-
dom; «ee 4 BL Com. 154..

Oxgang, oxgate. As much land as an ox could till; fifteen acres.

Oyel, oyl, oil, fr. Yes.

Oyer, fr. To hear; hearing; see 3 BL Com. 299; Roh. El. L. Rev. ed.,
§ 316. Oyez: hear ye. The hearing a deed read in court, to which a
defendant was entitled in actions based upon the deed or record where
the plaintiff had to make profert; see 4 BL Com. 340. To crave oyer:
to demand that the instrument be read, or that the party may be
furnished with a copy.

Oyer et terminer, fr. To hear and determine. 1. A special commis-
sion to judges or others to inquire into a treason or felony on a sudden
outbreak or public outrage. 2. The general commission of the same
nature; see Assize. 3. In ^ew York, the title of a criminal court;
see CouBT, 111.

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p. C— PARANOIA 269

P. C. For Pariiameniary Caaes; Privy Council; Pleas of the Crown.

P. P. Per proewraJtionem,

Pacare. To pay.

Pace. A measure of two and a half feet in length.

Pack. To delude by false appearance.

Package. A commercial bundle; see 1 Hugh. 629.

Packing a jury. Improperly and corruptly selecting a jury; «ee 12

Conn. 289.
Pains and penalties, Bill of. A legislative punishment less than death.
Pactum, I. A pact; compact; agreement. Pacta dant legem contractu!:

the stipulations of the parties constitute the law of the contract.

Pacta privata non derogant juri communi: private agreements cannot

derogate from public right. Pactum corvinum de hsereditate viventis :

a crow-like bargain for the inheritance of a living person. Pactum

de non petendo: an agreement not to sue.
Paine forte et dure, Jr. A punishment for a person accused of felony

who stood mute and refused to plead. It was not administered until

after threefold warning (trina admonitio), and consisted of being

crushed with weights and starved.
Pais,/r. The country; the jury; see 2 Bl. Com. 294. In pais: open;

in the country; see Matter in pais. Trial per pais: by the jury; see

SBlCom.S49; 4 id. 34$.
Paix, fr. Peace. The concord of a fine.
Palace court See Court, 56.
Palam, l. Openly. Palam populo: before the people.
Palatine. Pertaining to a palace; possessing royal privileges; see 1 BL

Com. 117; 4 id. 431; County.
Pandects. The Code Justinian, or Digest, the chief compilation of the

corpus juris cwtHs under Justinian; see 1 Bl. Com. 81.
Panel, panelL A parchment schedule containing the names of the

jurymen returned by the sheriff, annexed to the venire facias; see 76

la. 141; Impanel.
Paper-book. A formal collection, copy, or file of the pleadings and pro-
ceedings in a cause, prepared for the judges upon the hearing; the

transcript of the record; see 3 Bl. Com. 317.
Par, {. Equal; like; see 67 Oa. 324; 22 Pa. 479. Par in parem imperium

non habet: an equal has no authority over an equal. Par delictum:

equal guilt. Par oneri: equal to the burden, charge, or damage.
Parage. Equality of condition, blood, or dignity; see Disparage.
Paramooitt Above; over all. The lord paramount: the chief lord, of

whom the mesne lords held; see 2 Bl. Com. 90.
Pftranoia. A degenerative disease of insanity.

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270 PARAPHERNALIA— PARTE

Paraphernalia, paraphema. Movable goods which a widow is allowed
to retain besides her dower; jewels, apparel, etc.; see 2 Bl. Com, 4SS.

Paratum habeo, {. (I have him in readiness.) A sheriff's return, ui)on
a ca. reap,, that he had taken the defendant, and had him ready to
bring into court; Bee 7 Pa, 6S6.

Paratos est Teriflcare, {. He is prepared to verify; see Et hoc.

Paravail. The lowest tenant of land was so called, he who held of the
mesne lords, and was supposed to occupy the land.

Parceners. Coparceners; see 2 Bl, Com, 167; Copabcbnabt.

Parchemin, /r. Parchment; a record.

Parco fracto. See Pound breach.

Pardon. An executive act of clemency; see 7 Pet, 160; 27 N, J. Law,
6S7; Rob, El, L, Bev. ed,, § 60S.

Parens patris, {. The father of the country; in England, the King; in
America, the State; having guardianship of the poor and incapable;
see S Bl Com. 4^7; 17 Haw, S93.

Par, L Equal. Pares: peers. The freeholders of a ndghborhood.
Pares coriie: the tenants of a manor in attendance on the court; eee
2 Bl, Com, 64, Pares de vidneto: the freeholders of the ndghbor-
hood; the venue. Pares regni: peers of the realm.

Pari ddUcto, I. Of equal guilt. Pari materia: of the same matter, on
the same subject. Pari passu: in equal degree; by equal steps. Pari-
bus sententiis reus absolvitur: when the opinions are equally divided,
the defendant is acquitted. Parium judicium : judgment of the peers;
trial by jiuy.

Parish. A local term for a district of land, synonymous with a county.
Also those connected with a church; eee 1 Pick. 91; 16 Conn. $99.

Parish Court See Coxtrt, 112.

Park. A piece of enclosed land privileged for the keeping of beasts of
chase; eee B Bl. Com. S8,

PuieTffr. To speak. Parlance: speech.

Penny, /r. By; through; throughout.

Paroche. A parish.

Parol, fr, A word. Oral; not written; not under seal. Parol contract:
a contract, written or otherwise, but not under seal or of record.
Parol demurrer: eee Aqb-prier. Parols de ley: the technical words
of law. Parol evidence: verbal testimony of a witness; eee S6 Am. St.
Rep. 669. Parol lease: an oral agreement leasing an estate.

P!ars,{. A part, or party. Parsenitia:eeeENiTiA. Parsejusdemnegotii:
part of the same transaction. Pars fundi: part of the soil. Pars
jttdids: the duty of the judge. Pars rationabUis: eee De ration abiu

PARTE BONORXJM.

Parson imparsonee. See Induction; Imparsgnee; Rector.
Part and pertinent. Scotch, for appurtenances, q. v.
Parte, {. iSeePARS. Parte inaudita: one side unheard; ex parte. Partes
finis nil habnemnt (the parties to the fine had nothing): an old plead-

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PARTICEPS CRIMINIS—PATRIA POTESTAS 271

ing in answer to a fio^ of land, set up in an action, but which had been
levied by a stranger.
Particeps criminis, I. A party to the crime; an acoomptice.
Particular averagey lien. 5ee Avsraqx; Lien. Particular custom: one
which affects only the inhabitants of a particular district; tee 1 BL
Com, 74j 79. Particular estate: an estate for life or years preceding
a remainder; see 2 BL Com, 166; 4 KerU, 226.
Partition. The division of land held by more than one owner, as in
common, joint tenancy, or coparcenary, into several shares; eee 2 BL
Com. 189.
Partnership. An assodation of persons for the purpose of profit, in
which the members (partners) are mutually principal and agent, and
share in the profits or losses; a general partnership; eee Btird. Pari.
20-22. Limited partnership : one which contains one or more special
partnen. Dormant partner: one who partakes of the profits, but has
no power in the partnership, and whose name does not appear in the
firm. Nominal partner: one whose nJEune appears in the firm, but who
has no real interest. Ostensible partner: one who holds himself out
as a partner, by interfering in partnership affairs, assuming authority,
or allowing his name to appear in the firm. Special partner: one who
is liable only for losses to the extent of his capital invested, and has
no authority in partnership affairs.

Partus, {. Birth; offspring. Partus sequitor ventrem: the offspring
follows the womb {belongs to the owner of the mother].

Party^wall. A wall erected on the line between two lots of land, be-
longing to the owners in common; see 118 III. 17; 129 N. Y. 611
Party-jury: eee Biunguis. Party-witness: eee Witness.

Parva proditio, L Petty treason. Panra serjeantia: petty serjeanty.
Parvum cape: yetU cape; see Cape.

Pas, fr. Not; no. A step.

Pascha, Z., paques, fr. Easter.

Pateat universis per presentes, L Know all men by these presents.

Patent Open; imsealed; eee Clause; Ambiouity; Wmr. Letters
patent: a grant of some privilege, title, property, or authority made
by the sovereign to one or more subjects. Patent: the grant of an ex-
clusive privilege to make, use, or sell an invention for a term of
years; a grant by the state or government of public lands.

Pater, L Father. Pater-familias: the father of a family. Pater est
quem nuptis demonstrant: the father is he whom the marriage in-
dicates. Pater patris: father of the realm; see Parens. Patema
patemis: paternal estates [go to the] heirs on the father's side; see 2
BL Com. 236; Materna.

Patiens, L The passive party to an act; the patient; se< Agent.

Patria, {. The country; a jiuy.

Patria potestas, {. In dvil law, the authority of a father over his
family.

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272 PATRICIDE— PENDENTE

Patricide. One who kills his father.

Patron. He who has an advowson, the right to give a benefice-
Patronage: the advowBon.

Patroon. In New York, the lord of a manor.

Pauper. One who is maintained at the expense of the public; see 21
Nev, U6.

Pawn. A bailment of personal property as security for a debt ; a pledge.

Paz, Z., paiz, /r. The peace. Paz ecdesis: the peace of the church;
sanctuary. Paz regis: the King's peace; lawful order; quiet. The
verge of the court, a privileged district or sanctuary around the
King's palace.

Payee. See Note; Bill, III. 4.

Payments, appropriation, application, Imputation of. The applica-
tion of a payment to one of several debts existing between the same
parties. If the debtor say nothing about it, the creditor may apply
the payment to whichever debt he choose.

Pays, Jr. Country; see Pais.

Peace, Bill of. See Bill, 1. 12. Commission of: see Assus.

'Pea.Sifr, Peace; the concord of a fine.

Peccatum, 2., p6ch6, /r. A fault; a nn.

Peda, L A piece.

Peculiar. In ecclesiastical law, a parish exempt from the ordinary's
jurisdiction, and subject only to the metropolitan, or to him who holds
the benefice; see Court op Peculiars; Court, 84.

Peculium, I. Such private property as was allowed a wife, child, or
slave in the Roman law. See Paraphernalia.

Pecunia, I. Cattle; property; personal property; fungible goods;
money. Pecunia numerata: counted money. Pecunia non numer-
ata: money not paid. Pecunia trajectitia: a loan of money on a ship
or cargo; bottomry; famus navHcum,

Pecus, pi. pecora, I. A beast; cattle.

Peddler. A person travelling about the country with merchandise for
the purpose of selling it; see IJfi N. Y. 187; 87 Ala. lU-

Pede pulverosus, L « Dusty foot; a huckster attending fairs; see Coubt
OF Piepowders; Court, 36.

Pedem ponere, I. To place the foot; enter on lands. Pedis positio:
actual possession.

Pee,/r. The foot; the foot of a fine, q. v.

Peer. An equal. The vassal of a lord who sat in his court to judge his
co-vassals. A lord temporal, having a seat in Parliament; a baron or
higher nobleman; see 2 Bl. Com. 316; 4 id. S49.

Pees, fr. See Peab.

Peine, fr. Punishment; see Paine.

Penal. Punishable; with a penalty annexed; see Action; Bill, III. 7.

Pendente, I. Hanging. Pendente lite : dimng the suit, nihil innovetur,
nothing should be changed; see 2 Bl. Com. SOS; Fbuctub.

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PENDRE— PER 273

Pendre,/r. To hang. Pendu: hanged.

Pensa, L A weight. Pensata: weighed

Pent road. A road closed at its terminal; see 40 VL 4^,

Peoniaf span, A portion of land in Spanish America, fifty feet front

and one hundred feet deep.
Per, L Through; by; during; see 3 BL Com, 181, Per ambages: by

evasive methods. Per annulum et baculum: by ring and staff; see

1 Bl, Com. S78; Annulus. Per annum: by the year; see 60 Kan, J^Jfi.
Per auter vie: for the life of another; see Pur. Per aversionem: a
sale by bulk; in a lump; see 2 Kenif 6Jfi, Per capita: per head; by
heads, as distinguished from per stirpes, by roots of descent; by
families; see 2 Bl. Com. 218; 6 Cush. 168, Per consequens: conse-
quently. Per considerationem cuii»: bythe judgment of the court.
Per contra: on the other hand. Per corpus (by the body) : by battel,
as distinguished from trial by jury. Per, per and cui: see Entry,
WRIT OF. Per cor', curiam: by the whole court as distinguishable
from a single judge. Per defaltam: by default. Per diem: per day.
Per equipollens: by an equivalent [word]. Per ezpressum: expressly.
Per fks aut nefas: by right or wrong. Per formam doni: by the form
of the gift, which governed descent in estates tail; see 2 Bl, Com, 113,
Per fraudem: by fraud. Per incuxiam: by mistake or want of care.
Per infortunium: by misadventure. Per legale judicium parium: by
the lawful judgment of his peers. Per legem Anglise, terrse: by the
law of England, of the land. Per medietatem linguA : by half-tongue ;
see BiUNoniB. Per metas et bundas: by metes and bounds. Per
minas: by threats; see 1 Bl. Com, 131, Per misadventure: by mishap.
Per my et per tout, /r.: of the half and of eXL] see 2 Bl, Com, 182;
Joint tenants; Per omnes: by all [the judges]. Per pais: by the
country; see Pais. Per pares curtis: see Par. Per patriam: by the
country. Per proc', procurationem: by api)ointment; as agent. Per
qu« servitia (by which services) : a writ judicial issuing from the note
of a fine of lands, which lay for the cognizee of a manor, seigniory,
etc., to compel the tenant of the land to attorn to him. Abolished by
the 3 & 4 Will. IV. c. 27. Per quod actio accrevit: whereby an action
accrued. Per quod consortium amisit (whereby he lost the society [of
his wife]: an action by the husband for trespass to the wife; see 3 Bl.
Com. HO, Per quod servitium amisit (whereby he lost the service):
an action for injury to, or seduction of, a child or servant; see 3 Bl.
Com, 142; I4 N, Y, 413, Per saltum: by a leap; at one step. Per se:
by himself; in itself. Per stirpes: by stocks; see 2 Bl, Com. 217; 2
Kent, 426; 6 Cush. 168; Capita; Per capita. Per subsequens matri-
monium: by a subsequent marriage. Per tant: see Pur. Per testes:
by witnesses; see Cobcmon form. Per totum tempus prsedictum:
during all the time aforesaid. Per totam curiam: by the full court.
Per tout et non per my, Jr, : by the whole and not by the moiety; see

2 Bl. Com. 182; 66 N. H. 106; 67 Ind. 412. Per uaucaptionem: by

18

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274 PER— PERPETUITY

poflsesmon; by uninterrupted enjoyment. Per vadium: by gage; by
way of pledge. Per verba de futuro: by words of the future [tense];
de prsBsenti, of the t>re8ent; a distinction made in contracts of mar-
riage; 9ee Rah. El. L. Rev. ed., § 17iS. Per visum ecclesis: by the
supervision of the church. Per visum juratorum: by a view of the
jury. Per vivam vocem: by the living voice; viva voce.

Per,/r. SeeFutL. Peramount: above. Peravaile: below.

Perdre,/r. To lose. Perdu, pert: lost.

Peremptoiy. Positive; absolute. Peremptoiy challenge: a challenge
to a juror without cause or reason given, usually allowed in criminal
cases. Peremptoiy defence: One that negatives the present right
to bring suit. Peremptoiy mandamus: a writ of mandamus re-
quiring a thing to be done absolutely. Peremptoiy plea: not dilatory;
one impeaching the right.

Perfecting baiL To justify bail after exception.

Peiformance. Synonymous with fulfilment; see 81 Ind. 97.

Pergamentun, I. Parchment; a record.

Pericttlum, I. Danger; peril. Periculo petentis : at the risk of the suitor.
Pericttlum rei venditas, nondum traditas, est emptoris: the risk of a
thing sold, not yet delivered, is the buyer's.

Perils of the sea. Marine casualties resulting from violent action of the
elements; eee 74 Fed. R. 413.

Perishable goods. Those which lessen in value by being kept; eee
3 Munf. t88; 7 Caw. 202.

Perjury. False swearing, under oath lawfully administered in a judicial,
legal, or political proceeding, to a material point; see May Cr. L.,
S 147; Rob. El. L. Rev. ed., $ 619.

Permanent Not necessarily existing forever; see 136 U. S. 393.

Permanent abode. One occupied without present intention to change
it permanently; see 78 lU. 181.

Permanent employment Employment for an indefinite period; tee 81
Col. 696.

Permission. A license to do an act otherwise unlawful.

Permissive waste. Waste resulting from omission; see Wastb.

Permutation. Exchange or barter.

Pernancy. Reodving; actual taking of rents or profits; eee 2 Bl. Com.
163.

Pernor, pemoor, fr. A taker, or receiver.

Perpetua lex, etc.; see Clausula.

Perpetual curate. See Rector.

Perpetuating testimony. See Bill, 1. 13.

Perpetuily. An estate unaUenable for a long time; for time longer than
that allowed by law. Such limitation, if for a time which may be
longer than lives in being at the time it takes effect and twenty-one
years nine months after, is void for remoteness; see 2 Bl. Com. 174;
eoMuU dray on Perp,

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PERQUIRERE— PETITORY SUIT 275

Perqtilrare, L To gain; to acquire. Perquisitio: purchafie.

Perquisites. Acquired by industry or purchase, and not by descent.

Persona conjuncta sequiparatur interesse proprio, /. (A united person
is equivalent to one's own interest.) Nearness of blood is as good
a consideration as personal profit. Persona impersonata: a par-
son imparsonee, q. v. Persona praedilecta: a person particularly
favored.

Personable. Able to mountain a plea; capable of suing.

Personal. Of the person, following the person, not real. Personal
covenant: one which binds only the covenantor and his personal rep-
resentatives, and can be taken advantage of only by the covenantee;
see 4 Bl. Com. 304- Personal replevin: see Replevin. Personal
estate, assets, property: those which go to the executor, not the heir,
on the death of the owner; usually things movable. Personal action,
chattels, replevin: see Action; Chattels; Replevin. Personal rep-
resentative: the executor or administrator; sometimes, the next of
kin; eee 118 Mass. 198,

Personally. Personal property. Mixed personalty: chattels real, for
they are subject to the statutes of Mortmain, which pure personalty
is not.

Perspicua vera non sunt probanda, I. Plain truths need not be proved.

Pertinens, L Appendant; appurtenant. Pertinentia: appurtenances.

Pesage. An English toll for weighing.

Pe8Cher,/r. To fish. Pescherie: fishery.

Pesquidor, span. A coroner.

Petere, I. To beg; to demand; to sue. Petens: a demandant; a plain-
tiff in a real action. Petit judicium: he prays judgment.

Peter's pence. A tax of a penny on each house in England; formerly
paid the Pope; see 4 Bl, Com. 107,

Petit, fr. Petty; small. Petit Cape, Jury, Larceny, Serjeanly,
Treason: see those titles.

Petitio, Z. A demand; a count. Petitio prindpii: a begging of the que»-
tion.

Petition de droit, fr. The modem name for a monstrans de droit; a
petition of right filed in Chancery, by which a subject recovers lands
or goods in possession of the Crown. Upon being indorsed by the
King, SoU droit fait al partie Qet right be done to the party), a com-
mission of inquiry issued; and judgment for the petitioner was by
amoveas maniu.

Petition. A written motion to a court. Petition of right: 1. See Pe-
TmoN de droit. 2. A parliamentary declaration of the liberties
of the people, assented to by Charles I. in 1629. Petitioning cred-
itor: the one who institutes proceedings for the adjudication of a
bankrupt.

Petitcny suit A suit in admiralty to determine the title to property,
not the possession. Droitural, not possessory, q. o.

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276 PETO-PLAGIUM

Peto, Z. I demand; the first word of the demandant's count in a real
action.

Patty. See PsTrr. Petty average: see Avbsage. Petty-hag office: an
office on the common-law side of the Court of Chancery whence
issued writs in Crown matters, or for or against the officers of the
court; see Hanafer. It succeeded to the duties of the Cursitors.
Petty sessions: a court of summary jurisdiction held by one or more
justices of the peace.

Pettifogger. An unprincipled practitioner of law who possesses neither
a knowledge of law nor conscience; see Jft Mich, 266,

Pen, /r. Few; a Uttle. A peu prds: ahnost.

Peut,/r. Can. Ne peuvent: they cannot.

Pharos. A watch tower by the sea.

Phrenasthenia. The mental infirmity of a degenerate.

Physical fact A fact that may be perceived by the senses.

Picaroon. A robber.

Piccage. Money paid for setting up booths at fairs.

Pickery, sc. Petty theft.

Vvt^fr, A foot. Piepoudre: see Fede pulverosus. Pied pondre: ses
Court of piepowders; Court, 36; S Bl. Com, S2,

Pightel. A Uttle close; a hedged bit of land.

Pignoratio, I. The obligation of a pledge.

Pignorative contract. A contract pertaining to a pledge.

Pignus, I, A pledge; see 2 BL Com, 169, Pignori acceptum: a bailment
in pledge.

Pilfer. To steal petty things.

Pimp. A procurer; see 102 Ind, 166,

Pin-money. An allowance made by a husband to his wife for her
apparel and personal expenses, which remains his property until
expended.

Piperolls. The great rolls of accounts in the Exchequer.

Pipowders. See Court, 36.

Piscary. Fishery; a liberty of fishing in another man's waters; see 2
Bl, Com, S4, 40.

Fixing the coin. Testing coin by a jury of the Goldsmiths' Company.

Place. Pleas. Place where: see Locus in quo.

Pladta^Z. Pleas; suits; pleadings. The title of a judgment record. The
old public assemblies at which the King presided. Pladta communia
corona: see Communis. Pladta juris: rules of law; arbitrary legal
principles.

Pladtamentum, Z. The pleading of a cause. Pladtabile: pleadable.

Placitum, I. See Placita. A plea, suit, or cause; an assembly, or court;
a day in court; a mulct or fine; a judicial proceeding; a legal princi-
ple. Pladto debiti, detentionis, etc.: in a plea of debt, detinue, etc.

Plaga, 2., plaie, fr. A wound; an incised wound.

Plagium, I, Kidnapping.

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PLAIDEUR— TO PLEAD 277

Plaideor, /r. A pleader, or advocate.

Plaint The first process in an inferior court.

Plaintiff. The party suing in a personal action, whose name appears on
the record. The party really interested as suitor in any judicial
proceeding. Equitable plaintiff: one who, although really interested,
sues in the name of another having the legal claim. Plaintiff in error:
the party who brings a writ of error. Calling the plaintiff [to hear the
verdict]: see Callinq the plaintiff; Nonsuit.

Plea. 1. A suit or action. 2. A pleading. 3. The pleading of the de-
fendant. 4. A defendant's pleading setting up matter of fact. 5. In
equity, a short answer in bar of the suit without giving discovery,
stating facts which, if inserted in the bill, would render it demurrable.
Pleas in abatement, avoidance, bar, confession and avoidance, dila-
tory, equitable, peremptoiy, puis darrein continuance, special: see
those titles. In good order of pleading, a person ought to plead, —
1st. To the jurisdiction of the court: a foreign plea, showing some
other court in which the matter should be tried. 2d. To the person
of the plaintiff, and next of the defendant: pleas of disability, privi-
lege, etc. 3d. To the writ: pleas of variance, death of parties, mis-
nomer, misjoinder, nonjoinder, etc. 4th. To the action of the writ:
showing the pluntiff had no cause to have that writ brought, though
he might have another on the same cause of action, as if he mistook
his action. 5th. To the count or declaration: variance, specialty of
record, incertainty, etc. 6th. To the action itself: in bar thereof.
The first five are dilatory pleas; the sixth is peremptory, and includes
pleas in confession and avoidance, which are special pUas par excellence,
usually called special pleas in bar, or special pleas; pleas of traoerse,
which include the general issve, the specific traverse, and the special
traverse; and pleas of estoppel, which are sometimes also called special
pleas in bar, as well as the spedfic traverse and the special plea proper.
AU dilatory pleas may be called pleas in abatement; but the latter
term more properly includes only the third, fourth, and fifth classes.
Demurrers properly take order at the head of the sixth division.
Age-prier was caUed a plea in suspension. In criminal law, the pris-
oner shoiild plead, — 1st. To the jurisdiction. 2d. In abatement.
3d. Special pleas in bar, as atitrefois, — acquit, convict, ailaint, and
pardon, 4th. The general issue of not guilty. Common pleas: civil
actions between subject and subject, as distinct from pleas of the
Crown, criminal actions. Court of Common Pleas: see Court, 10;
Pleading. Plea side: see Court, 8, 11.

To Plead. 1. To litigate; see Plea, 1. 2. To conduct the pleadings,
that part of a suit which contained the allegations of the parties,
formerly oral, by which they came to an issue; see Plea, 2. 3. To
make an allegation of fact in conducting the pleadings; as dis-
tinct from to demur; see Plea, 4. 4. To put in a special plea or
plea in bar in answer to the declaration; see Plba, 3. 6. (CoUo-

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278 PLEADER— PLEYN

quial.) To appear in a cause; to act as advocate. To plead over:
9ee Plbading.

Pleader. An advocate. Special pleader: a person (whether admitted
to the bar or not) employed to draw up pleadings, particularly special
pleas, and to give legal opinions; see Special pleading.

Pleading. The process of making the series of allegations in a cause
which terminated in an issue; see 1 Minn. 17; 28 Pa, 62B; Rob. El. L.
Reo. ed., § SOS. These aUegations were formerly made orally in court,
and are now termed pleadings, consisting of the declaration, plea (see
Plea, 4), replication, r^oinder, aurrejoinder, r^ntUer, surrebuUer, etc.;
see those titles; Replevin. Special pleading: see Pleader. Plead-
ing over: to go on pleading without noticing a defect in the last
pleading of the other party, whereby such defect may be cured.

Pleas of the Crown. A phrase in English law signif 3dng criminal causes
in which the King is a prosecutor; see 4 Bl. Com. 2.

Plebeian. ()ne of the common people.

Pledge. 1. A bailment of personal property as secmity for some debt
or engagement, the debtor retaining the title while the creditor has
actual or constructive possession; see 2 Bl. Com. 462; 96 U. S. Jfi7,
as to distinction between pledge and mortgage. 2. A thing pledged.
3. A surety. Pledges to prosecute: persons who become sureties for
the plaintiff in a civil action, and were liable with him to be amerced
pro falso damore suo, for his false claim, if he deserted or lost his
suit. Later they became fictitioiis persons, as John Doe and Richard
Roe.

Plee, Jr. An action; a plea.

Plegli ad prosequendum, I. Pledges to prosecute, 9. v.; see d Bl.
Com. 147>

Plegii de retomo habendo. Sureties for a return in replevin.

Plein, /r. Full. Pleine age: full age. Pleinement adminlatre: fully
administered.

Plenary. Full; complete; done formally and at length; not summary.

Plenus, plena, I. Full. Plena stas: full age. Plena fides: good credit
(full faith). Plena probatio: full proof; see S Bl. Com. S70. Pleno
jure: with perfect right. Plenarie: fully. Plene administravit (he
has fully administered) : a plea by an executor or administrator that
he has no assets of the deceased remaining in his hands; plene ad-
mlnistravit preter, a similar plea excepting a specified balance which
is not sufficient to satisfy the plaintiff's demand. Plene compatavit :
he has fully accounted, a plea in an action of account. It does not
admit the liability to account; see 15 S. & R. 15S; Rob. El. L. Rev. ed.,
§ Sie. Plenum dominium: see 2 Bl. Com. 312; DoiONinu. Plenum
rectum: full right.

Plenarty. A full benefice, not a vacancy.

Plevina, I., plevine, /r. Security; a pledge's liability.

Pleyn,/r. iSeePLBiN.

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PLEYNTE— POLYANDRY 279

Pleynta, /r. A plaint; a complaint.

Ploughbote. Plough-land; one hundred and twenty acree; a earueata;
see 2 BL Com. S3] Bote.

Plunderage. Embezzlement of goods on board of a ship.

Fluries, L Many times. A writ issued after the first writ and an alias
writ have failed of effect; the third writ; see S BL Com. £8S, A sec-
ond pluries is a fourth writ, etc.

Fluxis petitio, I. A claim for more than is due.

Plus, Z. More. Plus peccat author quam actor: the instigator sins
more than the actor. Plus valet unus oculatus testis quam auriti
decern: one eyewitness is of more weight than ten earwitnesses.

Plus, pluis, fr. More; most. Au pluis: at the most. Plus tost: rather;
sooner. Plus tost que: rather than; as well as.

Poaching. Unlawfully entering land in night-time, armed, with intent
to destroy game.

Pocket Judgment. A statute-merchant enforceable after non-payment
on a certain day without further proceedings.

Pocket sheriff. One appointed by the sole authority of the Crown,
without being nominated by the judges of the Exchequer; see 1 Bl.
Com, S4iS,

Poer, /r. Power; to be able. Poet: see Peut.

Poena, L Punishment; penalty; damages. Poena corporalis: corporal
punishment. Poena pilloralis: punishment of the pillory. Poenalis:
penal.

Poenitantiay I. Repentance; change of mind.

Poinding, sc. Distress; a diligence; a process of attachment.

Police Court. See Court, 112.

Police power. The power of government inherent in every sovereignty,
to regulate matters affecting the health, morals, peace, comfort, and
safety of all persons and property within the state; see B7 Vt. 149;
117 N, F. 14; 7 Cash, 814; 109 N. C. 279.

Policies of Assurance Court See Coxtbt, 64.

Policy. An instrument embodying the contract of insurance, which is
open if the value is to be proved by the insured, in case of loss; see
101 N. Y. 4^8; and valued where the value is inserted in the policy
in the nature of liquidated damages; see SS Md, 109. A mixed poUcy
is one " open " as to certain property, and " valued " as to other; see
2 Conn. 368. An interest policy is one where the insured has a real,
substantial, assignable interest in the thing insured. A wager policy
is a pretended insurance where the insured has no interest in the thing
insured; see S Kent, 225. A floating policy is applied to goods of a
fluctuating, changing nature; see 82 N. Y. 405.

Poll. Cut; shaved even. A head; see 2 BL Com. 296; Deed. PoUa:
«ee Challenge.

Pollidt^^on. A promise before acceptance, without mutuality.

Polyandry* The state of a woman who has several husbands*

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280 POLYGAMY— POSSESSORY

Polygamy. The act of formally marrying a third person, by one already
married to two; see 4 Bl. Com. 164-

Ponderantur testes, non numerantur, I, Witnesses are weighed, not
counted.

Pondus regis, l. The king's weight; the standard.

Pone, L To put. 1. An original writ issuing to remove a cause from
an inferior, or county court, to a superior, or to the C. B.; see ^ Bl.
Com, 34, S7. 2. Pone per vadium et plegios: a writ issuing after the
nonappearance of the defendant to the original writ, commanding the
sheriff to attach him and take security or pledges. Ponit se super
patriam: he puts himself on the country.

Pontage. A toll on, or tax for, a bridge.

Popular action. See Action. Popular Court: eee Court, 116.

Port of discharge. The place where the principal part of the caigo is
discharged; see 104 Maes. 610.

Port risk. A risk upon a vessel lying in port before sailing; see 71 N. Y.
4B9.

Portatico, I. Port duties charged to ships.

Porter, /r., Portare, I. To bear; to bring.

Portgreve. The chief officer of a seaport town; see 4 Bl. Com. ^19.

Portoria, Z. Duties on merchandise paid in port.

Portsales. An ancient term for auctions.

Poser, fr. To put a question.

Positive condition. One which must happen.

Positive law. Law enforced by a sovereign political authority, as dis-
tinct from laws of honor, laws of nature, etc.

Posse, I. To be able. A possibility. Posse comitatus: the force of a
county, the entire population above the age of fifteen, except peers
and clergymen; see 1 Bl. Com. S4S; Rob. El. L. Rev. ed., § 583. In
posse: in possibility; not in esse.

Possessed. A variable term, sometimes implying a temporary interest
in lands; sometimes synonymous with " sedzed; ** see 44 Mich. 603;
89Ga.632.

Possessio fratris fadt sororem esse hsredem, I. The possession of the
brother makes the sister heir. If a man die, and leave two sons by
different wives, and the one brother be seised in possession of the
father's estate and die, the estate shall not pass to his brother, but to
his sister of the whole blood in preference. A maxim when descent
was traced from the person last seised, not, as now, from the pur-
chaser; see 2 Bl. Com. 227.

Possession. Detention or enjoyment of a thing which a man holds or
exercises by himself or an agent. It may be actual as where the thing
is in immediate occupancy of the party; see 3 Deo. 34; or construc-
tive which is imphed by law; see 11 Vi. 129; 2 Bl. Com. 116; 3 id.
180; Rob. El. L. Rev. ed., $ 44-

Possessoiy* About the possession, not petitory; see Action.

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POSSIBILITY— POUR 281

Possibility. An uncertain event; a contingency. Possibility coupled
with an interest: an expectation recognized in law as an estate or in-
terest; as where the person who is to take an estate on the liappening
of the contingency is named or ascertained; not a bare possibility,
as the expectation of an heir apparent. Possibility on a possibility:
a double contingency, as an estate limited to a man's unborn son
John; it is bad in law. Possibility of reverter: the estate of the
grantor of an estate upon condition; see Rah, El. X, Rev. ed., § 89.

Post, L After; afterwards; see Entry, writ of. Post-date. To date
an instrument with a future date. Post diem, disseisinam: after the
day, the disseisin. Post-factum: an after act. Post-fine: the
king's silver; see Fine. Post litem motam: after the suit was begun;
after the dispute arose. Post mortem: after death. Post-natus:
after bom. Used by old law writers to designate a second son. Post-
nuptial: taking place after marriage. Post-obit bond: a bond in
which the obligor agrees to pay a sum after the death of a third person,
usually a person from whom the obligor expects to inherit. Post
prolem susdtatam : after issue bom. Post terminum : after the term.

Postea, l. Afterwards. The entry on the record of the proceedings at
the trial of an action, stating what happened after the issue joined, at
which the niei prius record ends; see S Bl. Com. S86.

Post-note. A bank-note payable at a future time. Post-obit: see Post.

Posteriores, I, The descendants in a direct line beyond the sixth degree.

Posteriority. Being or coming after.

Posterity. AU descendants in a direct line to the remotest generation;
eee 8 Bush. 5$7,

Posthumous. One bom after the death of the father, or by the Ceesar-
ean operation after that of the mother.

PostuatL Those bom after.

Postulatio. The name of the first act in a criminal proceeding.

Potentia, {. Power. Potentia propinqua: a near possibiUty.

Potentially. In possibiUty; eee 19 Neb. 666.

Potestas. Power; authority.

Potior est conditio def endentis, I. The defendant has the better position
[where both are in fault]. Potior est conditio possidentis: the pos-
sessor has the stronger position.

Potwallers, potwallopers. Persons who cooked their own diet in a
fireplace of their own, and were therefore, by the custom of some
boroughs, entitled to vote.

Poundage. An allowance made the sheriff for his services in a levy.

Pound breach. The/offence of breaking into a pound, and taking out
the cattle impounded.

Pour,/r. For; eeePuR; Pour compte de qui il appartient: for account
of whom it may concern. Pour seisir terres: a writ for the King to
seize lands of a widow, held in dower, and in capiUf if she married
without his permission.

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282 POURPARTY— PILEMISSA

4

Pourparty, /r. Partition; division among coparceners.

Pourpresture, /r. The wrongful enclosure of another man's land; en-
croaching on Crown or common lands.

Poustie, 8c. Power; see Leegb poubtie.

Poverty affidavit An affidavit by a party to a suit that he is unable to
furnish security for the costs; see 36 Kan, 263.

Power. Authority. An instrument conferring authority upon another;
see Rf^, EL L. Rev. ed.f i 100, A power of appointment: authority
vested in a person called the donee, by deed or will, to appoint a per-
son to the enjoyment of property of the grantor or testator. If the
donee have no interest in the property himself, it is a power collatenU.
If he has an interest, it is a power coupled with an interest ; and these
may be either appendant (appurtenant), as when the appointment is
made out of, or in derogation of, his own estate, or in gross, when the
appointment is to take effect on the termination of his estate. If the
donee can appoint any one, it is a general power; if the appointment
must be to one or all of a certain class of persons, it is particular; and
in this latter case, if the power is to appoint to oZZ of a certain class,
the appointment must not be illusory. Power of attorney: the in-
strument giving authority to an agent, an attorney in fact, to make
contracts or perform legal acts.

Practice Court See Coubt, 9.

Practidng. The term impUes more than a single act or effort; see 98
N, C. 644*

Prsceptores, Z. Masters in chancery.

Prtsdpe, {. Conunand. An original writ commanding the defendant
to do something or show cause to the contrary; see 1 PoU. A MaitL
Hist, 173; B id, 62, Precipe in capite: a pnecipe or writ of rig}it for
a tenant in capi^e; see 3 Bl, Com. 27 4' Precipe quod reddat (command
that he return) : a writ directing the defendant to restore the posses-
sion of land, employed at the b^[inning of a common recovery; see 3
Bl, Com. 274- Precipe quod teneat conventionem: a writ of cove-
nant employed at the beginning of a fine of lands. Tenant to the
precipe: the person against whom a praecipe was brought; see
Recovert.

Precipitium. The punishment of casting headlong from some high
place.

Prasco, I. A herald; the crier of a court.

Pred', I, For predictus, aforesaid.

Predium, Z. Land; an estate. Predia belli: booty. Prsedium domi-
nans, tJie dominant, serviens, the servient, estate in a predial senri-
tttde, an easement enjoyed by the owners of one estate over another.

Predial tithes. Such as arise from land; see TrrHBs; Great ttiheb.

Predium rusticum, I. A country estate.

Praef , I, For prefatus, aforesaid.

PraemissaiZ. The premises.

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FR£MIUM— PRE-EMPTION 283

Pnemimii, {. Reward. Pnuninm podidtte: the price of chastity.

Pnenmnln, {. To forewarn; to euinmon. The offence of obeying or
furthering other authority in the reaLon than that of the Crown, par-
ticularly that of the Pope; Papal usurpation; 8ee4BLCam,10S,4^,

Prsspositus, I. A person placed in authority; a provost; a sheriff. Pr»-
posita negotiis vel retma domestids: set over household mattersy
a term expressing a wife's authority to bind her husband for neoessaiy
purchases.

Pnerogativa regis, {. The King's prerogative.

Pnescriptio, {. Prescription. Pr»KKiptio fori: an exception to the
jurisdiction.

Prsesens in curia, U Present in court

PraBsentia corpoiia tollit crroram nomlnin, L The presence of the body
[the person meant] cures an error in the name.

Prestare, Z. To pay; perform; make good.

Pmsumitnr pto legitinmtkme, I, The presumption is in favor of
legitimacy.

Prsacunptio juris, I, (Presumption of law.) A presumption of fact,
rebuttable. Prttsnmptio juris et da Jure: a presumption of law, irre-
buttable. To the latter I4>plie8 the maxim, Pnosamptio juris plena
probatio: a legal presumption of law is full proof; to the former,
Prsesumptio valet in lege: a legal presumption is of weight.

Pratom, Z. A meadow.

Fkmva consaetado, Z. A bad piegal] custom.

Pnuds judicnm interpres legun, Z. The practice of Judges is the inter-
preter of the laws.

Pray in aid. ^ee Aid-pbibr.

Prebendary. A stipend (not a benefice or dignity) paid a prebend, a
member of a collegiate or cathedral church; 9ee 1 Bl. Cam. S8S.

Precaris, preces, Z. Days' work, performed for the lord in harvest
time by the tenants of certain manors.

Precatory words. A wish or request in a will that certain things be
done.

Plrece partium, Z. On prayer of the parties; see Dibs datob.

Precedent See CoNDmoN. An adjudged case; a recognised method
of procedure.

Plrecept An order; a written direction in minor process to a sheriff or

> other officer; a precept of a justice of the peace for the bringing of a
person or records before him.

Piredodi non debet, Z. (He ought not to be barred.) The bec^nning of
a r^lication to a special plea.

PrediaL See Pradial.

Predicate. To affirm logically.

Predaminant Something greater or superior in power and influence
to others, with which it is connected or compared; eee ft Pick, S5.

P ire-e mp tion. The right of a nation to detain merdumdise of strangers

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284 PRE-EXISTING DEBT— PRETIUM

passmg through her territories that her subjects may have first oi>-
portunity to piurchase; «ee £ BL Com, 2S7.

Pre-ezistiiig debt. One previously contracted whether payable or not;
see ISe Ma88. 340,

Free, fr. A meadow.

Premeditation. Intent before the act; see 28 Fla. SIS,

Premises. (Things put before.) The part of a deed preceding the

. habendvm. The place in question; the land or houses granted; see
S Bl, Com, 298; 8 Mass, 17 4,

Fremimn. The money pidd by the insured in the contract of insurance;
see Prjdmium.

Prender, /r. To take; taking; the power or right of taking a thing be-
fore it is offered. Thus a heriot is said to lie in premder because the
lord may seize the identical thing itself; but he may not distrain
for it.

Prenomen, I. The Christian or given name of a person.

Prepense. Aforethought.

Prerogative. A privilege; a royal privilege; see 1 BL Com. HI, 2S7;
Court, 85; Writ.

Prds, fr. Near; see Cy-pres.

Prescribe. To claim title to mcorporeal hereditaments, on grounds of
long usage, in one's self, one's ancestors, or grantors, by prescription
which differs from custom, a local usage not annexed to any particular
person. This prescription is acquisitive or positive prescription, as
distinct from restrictive or negative prescription, which is the loss of
a remedy by lapse of time, an outlawry of action; see 2 Bl. Com, 26S;
Rah, El. L. Rev. ed., $$ S8, 119,

Present. 1. To offer a clerk to the bishop for institution in a benefice;
see Presentation. 2. To find judicially; see Presenticent.

Presentation. The offering of a clerk by the patron to the ordinary for
institution in a living; see Advowbon. Nomination is the i^point-
ment of a cl6rk to the patron to be by him presented. A person may
have the right of nomination by virtue of a manor, by grant or mort-
gage of the entire advowson, or of the prochein avoidance, the next
presentation. Presentative : see Advowson.

Presentment, presentation. The notice taken by a grand jury of an
offence from their own knowledge, without an indictment; see iBl,
Com, SOI; May Cr. L., § 91,

Presents. The writing made and referred to.

Prest, prist, pret, fr. Ready.

Presumptio, I., presumption. See Prjbsomftio.

Presumptive heir. See Heir.

Pretium,Z. Price; cost; value; reward. Pretium ailectionis (the price
of affection): a fancy price. Pretium periculi: remimeration for
risk. Pretium Buccedit in loco rei: the price succeeds in pUoe of the
thing [sold].

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PRETORIUM— PRIVATUM (X)MMODUM 285

Pretoritiin. A haU of justioe.

Pride gavel. A tribute.

Prima facie, I. At first appearance; at first mght. Prima tonsura: the
first mowing. Prima impressionis (of first impression): without
precedent; res nova.

Primage. A small extra allowance made to the master of a ship for his
care and trouble; or to master and mariners for loading and unload-
ing, use of cable, etc.; see Hat-monet.

Primer, /r. First. Primer fine: see Fine. Primer seisin: a feudal right
of the King, when any of his tenants in capUe died seised of a knight's
fee, to receive from the heir, if he were of full age, one year's profits
if the lands were in immediate possession, or half a year's profits if
they were in reversion expectant on a life estate.

Primitice, I. The first fruits.

Primogenittts. The first bom.

Primo venienti, L To the one first coming. An executor anciently
paid debts as they were presented, whether the assets were sufficient
to meet all debts or not.

Primum decretttm, I. A provisional decree from a court of admiralty.

Primus inter pares, {. First among equals.

Princeps legibiis solutus est, L The emperor is unbound by laws.

Principal. Chief, the one commanding; as opposed to Access art,
Aqsnt, 9. V,; see Rob, EL L, Rev. ed,, $ 478, Principal challenge:
see Challenqb.

Prindpia probant, non probantur, L Principles prove, and are not [to
be] proved. Prindpiis obsta: see Obsta. Prindpium: the be-
ginning.

Prior in tempore, potior in Jure, Z. The one earher in time has the
better right; see Qui prior, etc.

Pri8,/r. Taken. Prise, prisa, Z. : a seizure.

Pri8age,/r. 1. An ancient right of the Crown to take two tuns of wine
out of every ship importing twenty or more. 2. The share of the
Crown in prices captured at sea.

Prisal en auter lieu, /r. A taking in another place.

Prist, fr. Ready; an old word in oral pleading expressing a tender or
joinder of issue.

Private act, statute. A statute affecting private concerns, of which the
courts are not boimd to take judicial notice. Private corporation:
see Corporation. Private law: law affecting rights between sub-
ject and subject; see Public law; International law. Private
nuisance: a nuisance affecting a private person or his estate; see
Nuisance; S Bl, Cam, 216; 131 N. Y, 211.

Privatum commodum publico cedit, or privatum incommodum publico
bono pensatur, I. Private advantage must yield to public; or, the
private inconvenience is made up by the public good. Privatorum
pacta, etc.; see Pacta pbivata, etc.

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286 PRIVEMENT ENCEINTE— PBO

PriTement enceiiitey /r. Privily [not visibly] pregnant.

Privies. See Pbivitt.

Privignus, {. A stepson.

Privilege. A private right or franchise of some particular person or
class, against or beyond the course of law. Writ of privilege: a writ
for a member of Parliament, arrested on a civil suit, to obtain deiiv«^
erance out of custody.

Privileged communication. 1. A defamatory statement made to an-
other, in pursuance of a duty political, judicial, social, or personal, so
that an action for libel or slander will not lie, though the statement be
false, unless in the last two cases actual malice be proved in addition;
see Big. TortSf 8th ed., S01-S19. 2. A communication protected
from disclosure in a legal proceeding, as one from a client to his
counsel; «ee Rah, El L. Rev. ed., § 20i, Privileged debts: debts
which are first paid in full out of a decedent's or insolvent's estate,
in preference to all others.

Privilegium dericale, I. Benefit of clergy; see 4 Bl. Com. 366. Privi-
legiiim contra rempublicam non valet: a privilege [excuse] does not
avail against the public good.

Privily. Connection; mutuality of interest. The term privy is
properly used in distinction from party; but privies to a contract
is used to mean the parties themselves. Privity of estate: those
interested, or who have been or might have been interested, in the
same estate under the same title; as an ancestor, an heir, a grantor
or grantee, etc.

Privy. See Pbivitt. Privy council: the English royal council, the
judicial committee of which acts, or formerly acted, in lunacy, ec-
clesiastical, and admiralty cases as a court of last appeal; and has
power of inquiring into offences against the government; eee Coxtbt,
6, 14. Privy seal: in England, grants and letters pass first under the
privy signet, kept by a secretary of state; see 2 BL Com. 3^7; thai
under the privy seal, kept by the Lord Privy Seal, usually a baron
and member of the Cabinet; and then, if necessary, under the Great
Seal. Privy verdict: one formerly given to the judge out of court,
when the jury had agreed after adjournment.

Prize Court. See Court, 92.

Pro, 2. For; in consideration of; on behalf of; in lieu of. Pro bono et
malo: for good and evil. Pro bono publico: for the public good. Pto
conf esso (for confessed) : a decree upon a bill in equity in favor of
the plaintiff, when the defendant has not appeared and answered.
Pro consilio: for advice i^ven. Pro consiHo impedendo: for advice
to be given. Pro convicto: as convicted. Pro defectu emptonim:
for want of piurchasers. Pto defectu ezitus, hsredis: for failure of
issue; for want of an heir. Pro defectu justitie: for defect of justice.
Pro defendente: for the defendant. Pro derelicto: as abandoned.
Prodignitateregali: in consideration of the royal dignity; see 1 Bl. Com,

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PROAMITA— PROCES-VERBAL 287

$fS. Pro diviso: as divided; in severalty. Pro domino: as master.
Pro eo quod cum: for that whereas. Pro et durante: for and during.
Pro falsodamore: for his false claim; 866 In MERCT. Pro forma: as a
matter of form; see S KerUf B4S. Pro hac vice (for this turn) : for this
particular affair. Pro indefenso: as making no defence. Proindiviso:
as undivided; in common. Pro interesse boo: to the extent of his
interest. Pro Issione fldei: for breach of faith; see Lssione; 3 Bl.
Com. 62, Pro legato: as a legacy. Pro majori cautela: for greater
security. Pro misis et custagiis: for costs and charges. Pro non
Bcripto: as if not written. Pro omni servitio: in lieu of all service.
Pro quer*, querente: for the plaintiff. Pro rata: proportionately.
Pro re nata: for the immediate occasion. Pro salute anims: for the
welfare of the soul. Pro solido: for the whole; in a lump. Pro socio:
for a partner. Pro suo: as one's own. Pro tanto: for so much; on the
account of. Pro tempore: for the time being. Pro termino vitarum,
suarum: for a term of their lives.

Proamita, 2. A grandfather's sister.

Proavia, {. A great-grandmother.

Proavunculus, {. A great-grandmother's brother.

Proavtts, L A great-grandfather.

Probable cause. Facts that would lead a man of ordinary caution and
prudence to believe, or entertain an honest and strong suspicion, that
the person arrested is guilty; see i Cush. 2S8; 68 N. Y. 17,

Probate. The proof of, or proceedings in proving, a will before the
proper authorities; nee Court, 25, 51, 79, 110.

Probatio viva, {. Proof by living witnesses. Probatio mortua: proof
by deeds, writings, etc.

Probation officer. One to whom is committed for supervision, a person
convicted of a minor offence.

Probator, I. An approver.

Probi et legales homines, I, Good and lawful men.

Probtts et legalis homo, I, A good and lawful num; free from all excep-
tion as a juror or witness.

Procedendo, {. 1. A writ to remove a cause, which has been taken to
the superior court on certiorari or otherwise, back to the inferior
court; see 1 Bl. Com, 368, 2. Procedendo ad judicium: a writ issuing
from the common-law side of Chancery to a subordinate court which
delayed judgment, directing it to i^ve judgment for one side or the
other. 3. Fhrocedendo in loquela: a writ from the King authorising
the judges to proceed in an action concerning title after an aid-
prayer. 4. A writ to revive the commission of a justice of the peace,
suspended by a supersedeas.

Procedure. The formal steps in an action; the rules governing the
process, pleading, and method of trial, judgment, and execution.

Proce»-verbal, Jr. An inventory; official minutes; a relation of what has
been said or done in the presence of an officer, duly attested by him.

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288 PROCESS-PROHIBITION

Process. 1. The procedure or method of getting a defendant into
court; the summons, writs, and attachments for that purpose: original
process. 2. Mesne process was formerly process not depending on
the original writ, but on interlocutory or collateral matter; but now is
commonly used to mean all process before judgment and final process
[process of execution]; particularly, the ca, resp,

Prochein amy, fr. Next friend; see 1 BL Com, ^64; Rob. El. L. Rev. ed.,
§ 187. Procheyn heire: next heir. Prochein avoidance: see Presen-
tation.

Proclamation. 1. An old writ issuing to the sheriff upon an exigent in
process of outlawry, to make three proclamations to the defendant to
yield himself or be outlawed. 2. In chancery practice, a pubUc notice
declaring a defendant, who had not appeared upon subpoena and
attachment, a rebel if he failed still to appear by a certain day. 3. Of
a fine: the public notice of a fine of lands, given by reading it sixteen
times, — four times, within the year after its engrosdng, at each
assize of the county where the lands lay; see $ BL Com. 362.

Proctor. The attorney in an admiralty or ecclesiastical court; see S
Bl. Com. 26.

Procol dubio, I. Without doubt.

Procuratio, 2., procuration. Agency; administration of another's affair
on his behalf. A letter of attorney.

Procurations. Pa3rments made by parish priests to bishops and arch-
deacons upon their visitations; see 4 Bl, Com. 167.

Procurator. A proctor, q. v.

Procurator fiscal. A pubUc prosecutor.

Prodigal. One who, though of full age, is not capable of mAimging his
own affairs, and is therefore under guardianship.

ProditoriOi I. Traitorously; a word technical in indictments for treason.

Productio sects, I. Production of suit. In old English law, the pro-
duction by a party of his witnesses; the tender of suit to prove his
case, preceding the medial or proof judgment; the process referred to
in the phrase et inde prodticU sectam; see Sbcta; Witness.

Profert, profert ad curiam. The production in court by a party of an
instrument on which he relies; or the offer to produce, made in the
pleading; see Rob. El. L. Reu. ed., § 316.

Profit k prendre. A right with a profit which one man has in another's
land, such as a right of common, a right to enter and dig sand, etc. ; see
43 Fed. R. 649; Rah. El. L, Rev, ed., § 67. Profit k rendre : see Render;
In prender; Render.

Prohibitio de vasto, I. A judicial writ to prohibit waste pending a
suit.

Prohibition. A prerogative writ issuing from the King, or a superior
court, or Chancery, to restrain proceedings in an inferior, or particu-
larly an ecclesiastical court, for want of jurisdiction; see 74 Md. 646;
3 Bl. Cam. 112.

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PROINDE— PROTECnON 289

Prolnde, L Therefore.

Proles, L Issue; progeny; lawful issue.

Proletaritts. One who pays a tax merely on account of his children.

Prolidde, l. Killing of human offspring.

Promisee. One to whom a promise is made.

Promisor. One who makes a promise.

Promissory note. See Nota.

Promoters. 1. Common informers; prosecutors in popular and penal
actions. 2. The members of a company before its incorporation or
charter.

Proof. See Half-pboof; Full pboof.

Property. The right and interest which a man has in land or chattels
for his exclusive enjoyment; see S Bl, Com. 2; Rob, El. L. Rev, ed,fi43.

Propinquiis, L Near; next of kin.

Propios, span. Portions of ground reserved at the founding of a town,
and inalienable, for public use; see IS Pet. 44^.

Proponent. In ecclesiastical law, a person propounding^ an allegation.
One who ofifers a will for probate.

Proportum. The intent or meaning.

Propositus. The person proposed, taken as an example.

Propound. To offer in court; to present a will for probate.

Propre, fr. Own; proper. En propre person: in [his] proper person.

Proprietasy I. Property. Proprietas plena: full property, both the
title and the beneficial interest. Proprietas nuda: naked property,
the bare title.

Propria manu, I. By his own hand. Propria persona: in his own per-
son. Proprio jure: by one's own right. Proprio nomine: in his own
name. Proprio vigore: of its own force.

Proprietate probanda. See Db.

Propter, I. For; on account of. Propter affectum: on account of in-
terest; see Challenge. Propter commodum curie: for the advan-
tage of the court. Propter coram et culturam : for care and cultivation.
Propter defectum sanguinis: for failure of blood; see Escheat. Prop-
ter delictum: on account of crime; see Challenge. Propter delio-
tum tenentis: for crime of the tenant; see Escheat. Propter honoris
respectum: for respect of rank; see Challenge. Propter majorem
securitatem: for greater security. Propter ssvitiam, adulterium:
for cruelty, adultery.

Prosecutor. In England, the person instituting a criminal proceeding
on behalf of the Crown.

Prostemere, I. To throw down; to abate. Prostratus: abated.

Protectio trahit subjectionem et subjectio protectionem, l. The pro-
tection [of a sovereign] draws after it subjection, and subjection,
protection.

Protection. A prerogative writ granted by the King to a person in
his employ, making the latter quit of all suits for a certain time.

19

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290 PROTEST— PUFFER

Pirotest The f onnal writteQ declaration by a notary of the dishonor of
a note or bill; see Bob, El. L. Rev. ed., { i^O.

Protestando, L By protesting; words in a protestation.

Protestation. A method of informally denying a fact in pleading, so
that the pleader would not be estopped from den3ring it in another
action or issue, but not so as to render the plea double.

Prothonotoxy. A chief derk in the K. B., C. B., or other court.

ProtocoL A record or register.

ProtocolOy span. The original draft of an instrument of which the
notary retains possession.

Prottty I. As. Prout maris est: as the custom is. Proist patet per
recordmn: as it appears by the record.

Prover. An approver.

Provisione legis, I. By the provision of law. Provisione viri: by pro-
vision of the husband; see Doweb.

Proviso, I. Provided. A clause in a writing which is excepted from
the provisions of the writing, or qualifies it; see 128 U. S. 174; ^ CaL
4SS. Trial by proviso was where the plaintiff failed to proceed after
issue joined; whereupon the defendant took the necessary steps to a
trial, issuing the venirSf etc.; see S Bl. Cam. 366.

Proz^ for Prozhnns, I. The next. Prox' seq', sequente: next follow-
ing. Ptoximus hflsres: the next heir.

Pablic act. One binding the whole community, and of which courts
take judicial notice. Public building: one of which the posses-
sion and use, as well as the property in it, are in the public; see
34 N. J. L. 383. Pablic charity: one so general and indefinite in
its objects as to be of common and public benefit; see 11 AUen, 4^6.
Public corporation: eee Cobporation. Pablic law: the law as be-
tween the subject and the sovereign or state; criminal law; see In-
ternational LAW. Pablic nuisance: one affecting an indefinite
number of persons, not the owner of a particular lot of land; eee Bob.
El. L. Rev. ed., S ^0£; Nuisance. Pablic policy: the legal principle
that no act may be done which has a tendency to injure the public;
see 36 Ch. Div. 369; 4^ Fed. B. 470; Bob. El. L. Bev. ed., § 602.

Publication. 1. The declaration of a testator that a given writing is
intended to operate as his last will. 2. The opening of depositions,
taken in Chancery, to the inspection of the parties. 3. The commu-
nication of a libellous statement to a third person.

Publid juris. Of public right.

Publish. To make known; see 64 N. J. L. 111.

Pudidty. Chastity.

Pueritia, I. Childhood; the age from seven to fourteen; see 4 Bl. Com.
22.

'PixSer, A by-bidder at an auction employed by the owner of the
auctioned property to raise the price upon booa^e bidders; eee It
S. A B. 89.

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PUIS--QU-fi 291

Puis, pays, poz, etc., /r. After; sinoe. Pais darrein continuance: a
plea of new matter arisen since issue joined, since the last continu-
ance; a plea to the further maintenance of the action; see S Bl. Com,
$16. Puisne: younger; junior; later in time; an ordinaiy judge in
bank as distinguished from the chief justice. Puis que: after that.
Mulier puisne: see Mttubr.

Puissance, /r^ Power; authority.

Punctum temporis, L A point of time.

Punica fides, I. Punic faith; treachery.

Pur, pour, /r. For. Pur auter vie: for the life of another; see i Bl,
Com, 120; Auteb; Estate. Pur cause de vicinage: by reason of
ndghborhood; see Common. Pur ceo que: forasmuch as. Pur tant
que: because; in order that.

Purchase. The acquisition of property by the act of the parties as
distinguished from the act of law; by gift, grant, or devise, as dis-
tinguished from descent, escheat, or reverter; acquirement, not in-
heritance; see 2 Bh Com. 241; 96 lU. 636; Reeves R. P., { 996. Words
of purchase: see Limitation.

Purgation. The act of purging one's self of a fault or accusation; clear-
ing one's self of a crime. Canonical purgation : the purgation of a clerk
by his own oath, with or without compurgators, or by the coisned; as
distinct from vulgar purgation, purgation by the ordeals of fire, water,
or battel.

Puriieu. A place (disforested) on the edge of a forest.

Purparty, Purprestura. See Pottbpabtt; PoxmPBSSTnBB.

Purq», purquoy, /r. Wherefore.

Pursue, sc. To prosecute. Pursuer: a plaintiff in an ecclesiastical
court.

Purview, pourvu, /r. 1. Provided. 2. The enacting clause, or body,
of a statute; the scope of the act.

Putative. Supposed; reputed.

Pynunania. An irresistible propensity to bum.

Q. B. The Queen's Bench; see Couiit 6f Kino's Bbnch; Coubt, 8.

Q. C. Queen's counsel.

Q. V. (Quod vide), I. Which see; a reference to another title in a book.

Qua, I. As; in the capacity of. Qua executor: as executor, etc.

Quacunque via data, I. Whichever view be taken (way be given).

Quadrans, I. The fourth part of the whole.

Quadroon. A person one of whose parents was white and the other

half black.
Qua ad unum finem locuta sunt non debent ad alium detorqueri, I.

[Words] which are spoken to one end ought not to be perverted to an-

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292 QUiELIBET-QUANDO

other. Qum est eadem (which is the same) : words used in pleas of
justification of trespass, alleging that the trespass justified is the
same as that of which the plaintiff complains. Quse fieri non de-
bent, facta Talent: things which ought not to be done [may yet] be
valid when done. Qnse in testamento ita sunt scripta, ut intelligi non
possint, perinde sunt ac si scripta non essent: things which are so
written in a will as not to be intelligible are as if not written at all.
QuflB nihil fhistra: which [requires] nothing [to be done] in vain.
Qua non valeant singula, juncta, juvant: [words] which, taken singly,
are inoperative, are valid if taken together. Qua pluxa: a writ like a
meUus inquirendum, but issuing when the escheator had proceeded
viriute officii^ not by diem daueit extremum,

Quaelibet concesslo fortissime contra donatorem interpretanda est, L
Every grant is to be interpreted most strongly against the
grantor.

Quare, I. Inquire; question; doubt. Quaritur: it is doubted.

Quarens, I, [Pipperly querens.] A plaintiff; suitor. Quarens nihil
capiat, etc.: see Nihil; Nil. Quarens non invenit plegium: a re-
turn of the sheriff, that the plaintiff found no security, to a writ
containing the sifecerit clause.

Quastor, L A Roman magistrate.

Quale jus, I. An old judicial writ that lay to inquire by what right a
clerk had recovered a judgment for land, to see that the statutes of
mortmain were not evaded.

Qualified fee. See Base fee, 1.

Quamdiu, L As long as. Quamdiu se bene gesserit: as long as he shall
conduct himself well; during good behavior; like ad vUam aul culpam,
a kind of tenure of office.

Quando abest provisio partis, adest provisio legis, l. When the provi-
sion of the party is wanting, the provision of the law is at hand.
Quando acdderint (when they shall fall in): a judgment for the
creditor of a decedent on a plea of plene administramt by the admin-
istrator, to be satisfied out of assets which may afterwards come into
his hands. Quando aliquid mandatur, mandatur et onme per quod
pervenitur ad lllud: when [the law] commands a thing, it also com-
mands [authorizes] all [means] by which it may be accomplished.
Quando aliquid prohibetur fieri ez directo, prohibetur et per obli-
quum: when anything is prohibited to be directly done, doing it in-
directly is also forbidden. Quando aliquis aliquid concedit, etc.: see
CuicuNQXTE, etc. Quando duo jura concurrunt in una persona,
aquum est ac si essent in diversis: when two rights [titles] unite in
one person, it [the law] is the same as if they were in different persons
[t. e., he can assert either title separately]. Quando lex aliquid allqoi
concedit: see Cuicunque, etc. Quando lex est spedalis, ratio autem
generalis, generaliter est intelligenda: when a law is [applied to a]
special [case], but its reason general, it should be [applied] understood

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QUANDOCUNQUE-QUASI 293

generally. Qiiando licet id quod majos, yidetur licere id quod mintis :
when the greater is allowed, it seems that the less should also be.
Quando plus fit quam fieri debet, videtur etiam iUud fieri quod
faciendum est: when more is done than ought to be done, that which
ought to be done is held as done [held good].

Quandocunque, I. At whatever time.

Quant, /r. When; as; how much. Quantesfois: how many times.

Quantity of estate. Its degree of interest or time of continuanoe.

Quantum meruit, I, (As much as he deserved.) The common count for
work and labor; see 2 Bl. Com, 162, 16S; Rob, El L. Rev. ed., i 169.
Quantum valebant (as much as they were worth) : the common count
for goods sold and delivered; eee S Bl. Com, 16S. Quantum damnifi-
catus: an issue to ascertain the amount of damages, directed by
Chancery in a court of common law.

Quarantine. Forty days, the period which during dower was to be as-
signed a widow, and she was allowed to remain in the mannon-house;
see 2 PoU. & Maid. Hist, J^2,

Quare, L Wherefore; why. Quare dausum fregit (because he broke
the close) : the action of trespass vi et armis for unlawful entry on the
plaintiff's land; eee S BL Com, 281, Quare ejedt infra terminum
(because he ejected within the term): an action which lay for the
ousted tenant of a term to recover it and damages from the feoffee of
the wrong-doer, or person claiming imder him; we S Bl. Com, 207.
Quare impedit : a real action to recover an advowson, brought by a pa-
tron against a bishop or other person hindering his presentation; see S
Bl. Com. 246, Quare incumbravit: a writ for the patron to recover the
presentation and damages when the bishop had admitted a derk to
the living pending a quare impedit, and notwithstanding a ne admiUas;
see S Bl, Com, 248, Quare non admisit: a writ for the patron to re-
cover damages from the bishop for not admitting his clerk, after a
writ ad admittendum dericum; see S Bl, Com, 260, Quare non per-
mittit: a writ for him who has the right of nomination against the
patron for refusing to present his clerk. Quare obstruzit: a writ
against a person obstructing a right of way.

Quarter days. In England, the 26th of March, Lady day; the 24th of
June, Midsummer day; the 29th of September, Michaelmas day; the
25th of December, Christmas day. In Scotland, the 2d of February,
Candlemas; the 15th of May, called Whitsunday; the 1st of August,
Tiammas day; the 11th of November, Martinmas. Quarter sea-
sions: a minor criminal court held qiuui^erly before two or more
justices of the peace in each English county; see Coxjbt, 40.
Quarto die post, l. The fourth day after; see S Bl, Com. 278; Dat.
Quash. {Casser, fr.) To break; to annul; to abate; see Rob. El. L.

Reo, ed., § 698.
Quasi, I. As if; almost; as it were. Quasi agnum committere lupo:
like handling the lamb over to the wolf.

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294 QUE-Qm

Qtte,/r. That; who; which; than. Queestlemesme: QuaeHeademf
q, V. Que estate (which estate) : the estate of whom; a term used in
prescribing for easements enjoyed by former owners of the land,
whose estate the person averring title now has; see f Bl. Cam, £70.

Queen consort The wife of a reigning king; see 1 Bl, Com, 218,

Queen dowager. The widow of a king; see 1 Bl. Com, 229.

Queen's Bench. See Court, 8. Queen's counsel: a barrister called
within the bar, appointed by letters patent to be her Majesty's counsel
learned in the law, who has precedence over others, of the outer bar,
cannot plead against the Crown without a hcense, and nuiy wear a
silk gown. Queen's evidence, State's evidence: evidence given by
an accomplice, in capital cases, in the hope of pardon. The ad-
mission of Queen's evidence required the sanction, in England, of the
justices of gaol delivery; and, if unsatisfactory, the witness was
hanged, like the rest; see Appbovbr.

Quer*, querensy I, The complainant, or plaintifiP.

Querela, I, A plaint; a count; a lawsuit.

Questus, I, (From Qucerere,) Acquired, purchased land.

Questus est nobis, I, (From Queror.) He hath complained to us. An
old writ of nuisance against him to whom the person levying [erecting]
the nuisance had conveyed the land.

Qui,{. Who. Quiapprovatnonreprobat: one who approbates [ratifies]
cannot reprobate [repudiate, as to a part]. Qui concedit, etc.: see
CuicuNQUB, etc. Qui destniit medium destruit finem: he who de-
stroys the means destroys the end. Qui ez damnato coitu nascuntnr
inter liberos non computantur: those who are bom of an illicit con-
nection are not counted among children. Qui fadt per alium, fadt
per se: he who does a thing by another does it himself. Qui lueret
in litera lueret in cortice: he who sticks at the letter sticks at the
rind [goes but skin-deep into the real meaning]. Qui in jus domin-
iumve alterius succedit jure ejus uti debet: he who succeeds to the
right or property of another ought to enjoy the other's rights [be in
the same legal position]. Qui jure suo utitur neminem l»dit: he who
but exercises his own right injures [legally] no one. Qui jussu judids
aliquod f ecerit non videtur dolo malo f edsse : one who did a thing by
a judge's command is not supposed to have acted from an improper
motive. Qui non habet, etc.; see Nemo dat. Qui non habet in cnt-
mena [sere] luat in corpore: he who has not in purse [money] must
pay in person. Qui non prohibet cum prohibere possit, jubet: he
who does not forbid when he can forbid, commands. Qui peccat ebrius,
luat sobrius: he who sins while drunk must be punished while sober.
Qui per alium, etc.: see Qui facit, etc. Qui prior in tempore, potior
in jure : he has the better title who was prior in time. Qui sentit com-
modum sentire debet et onus: he who feels the advantage ought to
bear the burden. Qui tacet consentire videtur : he who is silent seems
to oonsent. Qui tam: see Action. Qui tardius solvit minus sol?it:

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QUI-QUOAD HOC 295

he who pays too late does not pay at all. Qui vult decipi dedpiatar:
let him who wishes to be deceived be deceived.

Quit /r. Who. Qui doit inheriter al pdre, doit inheriter al fitz: he
who would inherit from the father ought to inherit from the son.

Quia, L Because. Quia dominus remisit curiam (because the lord baa
remitted his court) : a phrase used in, and applied to, a writ of right
brought originally in the King's court, and not in the manorial court;
see S Bl. Com, 196. Quia emptores: the Statute of Westminster III.,
18 Edw. I. c. 1, by which subinfeudation was abrogated; providing
that owners of fre^old land might freely sell their lands, but that the
grantee should hold of the lord paramount, as did the grantor, and by
the same services; see 2 Bl. Com. 91. Quia erronice emanavit: be-
cause it issued erroneously. Quia timet: Bee Bill, I. 14.

Quicquid plantatur solo solo cedit, I. Whatever is planted in the soil be-
longs thereto. Quicquid solvitur solvitur secundum modum solveiH
tia: whatever is paid is to be applied according to the intention of
the payer; see Application of patmentb.

Quid, L What. Quid pro quo: sometliing for something.

Quidam, l. Somebody.

Quietantia, I. An acquittance.

Quietus, I. Quit; an acquittance; a discharge. Quieta damantla:
quitclaim. Quietireditua: quitrents; see Assize. Quietamdamare:
to quitclaim.

Quilibet potest renundare juri pro se introducto, I, Any one may waive
a right introduced for his own benefit.

Qninqoe portus, 2. The Cinque-ports.

Quinto ezactus, I. (Five times called.) A return of a sheriff after the
fifth and last proclamation in outlawry; see S BL Com. 28S; 4 ^•
319.

Quitclaim. A deed of release, or discharge of daim; a deed without a
warranty.

Quitrent See Ajssizs; Chief bents.

Quivia prflMomitur bomia donee probetur contnirium^ L Every one is
presumed innocent until the contrary is proved.

Quo animo, I. With what intention, motive; eee 19 Wend. 296. Quo
jure (by what title) : a writ for one against another claiming common
of pasture in his land. Quo minus (by which, not) : words at the be-
ginning of the old writs in Exchequer, suggesting the fiction that the
plaintiff was the King's debtor; eee 3 Bl. Com. Jfi. Quo warxanto (by
what warrant) : an old prerogative writ of right for the King against
one who usurped an office, franchise, or title, requiring him to show
his authority; eee 3 Bl. Com. 262, 263; Rob. El. L. Rev. ed., { ^8.
Information in the nature of a quo warranto: originally a criminal
information for the wrongful use of a franchise, is now the usual dvil
method for trying the title to public or corporate offices.

Quoad hoc, 2. As to this; as far as this is oonoemed.

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296 QUOD-QUORUM

Quod ab initio non valet, in tractu temporis non conyalescet, l. What
is void in the beginning does not become valid by lapse of time. Quod
edificatur in area legata cedit legato: things erected on devised land
go to the devisee. Quod approbo, etc. : see Qui appsobat, etc. Quod
breve cassetur (that the bill be quashed) : the form of judgment on a
plea in abatement. Quod computet (that he account) : the interlocu-
tory judgment in an action of account. Quod concessum fuit: which
was granted. Quod contra legem fit prd infecto habetur: that which
is done contrary to law is held as not done at all. Quod cum: that
whereas. Quod curia concessit: which the court granted. Quod ei
deforceat (that he deforces him) : a writ for the owner of a particular
estate who had lost his lands by default on a prcBcipe quod reddai; tee
$ BL Com. 193, Quod fieri, etc.: see Fieri, etc. Quod initio, etc.:
aee Quod ab initio, etc. Quod meum est sine facto meo vel defectu
meo amitti vel in aUum transferri non potest: what is once mine can-
not be transferred to another without my act or default. Quod non
apparet, etc.: see Idem est, etc. Quod non habet principium, non
habet finem: that which has not a beginning has not an end. Quod
nota: which note [take note of]. Quod nuUuis est, that which has no
owner, est domini regis, belongs to the King; id ratione natunli
occupant! conceditur, is by natural right 3rielded to the [first] occu-
pant. Quod partes replacitent: that the parties plead over. Quod
partitio fiat: that a partition be made. Quod permittat: a writ for
the heir of one disseised of common of pasture against the heir of his
disseisor. Quod permittat prostemere: an old writ of right com-
manding the defendant to penmt the plaintiff to abate a nuisance.
Quod pure debetur present! die debetur: what is due unconditionally
is due to-day. Quod recuperet (that he recover) : the ordinary form
of judgment for the plaintiff. Quod redeat inde quietus in perpetuum,
et querens in misericordia: that he go thence forever quit, and the
plaintiff be in mercy. Quod remedio destituitur, ipsa re valet, si
culpa absit: in matters where there is no remedy, a thing may be-
come valid by a mere act, provided there be no wrong. The doctrine
of remitter and other extra judicial remedies. Quod respondeat, etc. :
see Respondeat, etc. Quod salvum fore receperint: which they re-
ceived for safe keeping. Quod semel meum est amplius meum esae
non potest: that which is once mine cannot be more fully mine. Quod
semel placuit in electionibus amplius displicere non potest: election
once made cannot be revoked. Quod si contingat: that if it happen.
Quod stet prohibitio: that the prohibition continue. Quod voluit
non dixit: whatever he meant, he did not express it. Quod vide:
which see.

Quodque dissolvitur, etc., Quomodo quid, etc. See Eodem, etc.

Quorum, I. Of whom; of which; whereof. Justices of the quoram:
certain justices of the peace were so named, without the presence of
one of whom no other justices oould act, in certain oases.

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QUOTA— RECAPTION 297

Quota* Portion of expense.

Qttoties in Terbis nulla ambiguitas est» ibi nulla ezpoaitio contra verba

flenda est, L As long as there is no ambiguity in the words, no inters

pretation should be made oontraiy to them.
Quousque, I. Until; as long as.
Quovia modo, I. In whatever manner.
Qaum,{. When; aeeCuu: Quando.

R. 6., R^^ulsB genendesy L General orders, or rules.

SachetnnL To redeem.

Rack rent A rent of the full value of the tenement; see Bob. EH. L, Beo.
ed., i 62.

Ran, eax,, lapina, I. Open theft; robbery.

RaptuSy I. Rape; abduction. Rapuit: he ravished.

Ratify. To adopt an act performed by another.

Ratibabitio mandato asquiparatur, I. Ratification is held equal to a
command.

Ratibabitation. A ratification.

Ratio, {. Reason. Ratio decidendi: the grounds of decision; eee Rob.
EL L. Rev. ed., S iO. Ratio legis: the reason [occasion] of the law.
Ratione contractus: by reason of the contract; impotento, inability,
impotence; tenune, of tenure, etc.

Rationabilis, L Reasonable; see Dos; De bationabiu.

Ratum, I. Held good; valid.

Ravishment de gard. See Db BAPraABBDis.

Re, 2. In the case [of]. In place of; see Rem; Rbs. Re.fa.lo,: BecoT'
dari facias loqudam.

Re,/r. King. Real: royal.

ReaL Pertaining to land in an enlarged sense. In Civil Law, relat-
ing to a thing, as distinguished from a person. Real action,
chattels, contract, covenant, evidence, property; see AcnoN, Chat-

TEI£, CONTBAGT, COVENANT, EVIDENCE, PrOPBBTT.

Reasonable part. One third share of a man's goods which went to his
wife, another to his children, and another to his executor, at common
law; see De bationabiu pabtb bonobum.

Reaasuiance. The insurance of property insured, made by the fint in-
surer to protect himself.

Rebellion. See CoioaBSioN, 8.

Rebouter. To rebut or bar.

Rebus integris, I. The drcumstanoes complete [yet unchanged].

Rebutter. See Pleading.

Recaption. 1. A retaking, or reprisal; as of stolen goods; seeSBLConu
4; 4 id. S6S. 2. A second distress upon one formerly distrained for

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298 RECEIPT— RECX)RD

the same cause. 3. A writ for the party so distrained, for damages;
9ee S Bl, Com, 161.

Receipt One side of the Exchequer; aee CouRTy 11. Rec^pt, in con-
tracts of sale; the actual receipt of the goods, the transfer of posses-
sion; as distinguished from acceptance, which is the transfer of title,
not necessarily of the goods.

Receiptor. A poson, usually a friend of the debtor, to whose safe keep-
ing a sheriff commits goods attached.

Receiver. 1. One who knowingly receives, and keeps or disposes of,
stolen goods. 2. A managing trustee appointed by a court of equity
to take charge of a railway or other property pending suit.

Receivers' certificates. A non-negotiable evidence of debt issued by a
receiver, under authority of the court of equity by which he was
appointed, as a first lien on the property in his hands; see 97 U.S.
146.

Recens insecutiOy sects, l. Fresh suit.

ReceptuSy I. An arbitrator.

Recession. A re-grant.

Recesstis, I. Egress. Recessus maris: reliction of the sea.

Recidivist An habitual criminal.

Recognitio, {., recognition. An inquiry, conducted by a chosen body
of men, not sitting as part of the court, into the facts in dispute in
a case at law; these recognitors preceded the jurymen of modem
times, and reported their recognition or verdict to the court. An
inquisilion was held by the court itself, as recognitors.

Recognizance. 1. A recognition; the verdict of an assize; see 2 PoU. A
Maid. Hist. 20S. 2. An acknowledgment of a past debt, made upon
record, with or without sureties [or by sureties for a defendant's
appearance], made to be void on the happening of a condition. It
existed at common law, and by the Statutes Merchant and Staple; see

2 Bl.Cmn.su '

Recognize. To make recognition; to examine as an assize. To ac-
knowledge.

Record. 1. A court having power to fine or imprison for contempt; a
court of which the proceedrngs were entered in writing (formerly on
parchment), a copy of which was conclusive evidence of the fact of
such proceedings at another trial; a King's court as distinct from a
subject's; see Court, 117. 2. An enrolment or memorandum made
in a court or registry, formerly necessarily on parchment. 3. An-
ciently, the proceedings of a court, although oral; or a plea thereof.
4. The official instrument containing an account of the prooeedin^i
in a court of justice, the history of the case; see Nisi pbius. Trial
by record: when the issue tiiros upon a record, and is tried by the
inspection of the court without witness or jury. Anciently {see
Recobd, 3), by the proceedings in a previous action as proved orally
by witnesses. Matter of record: matter evidenced by record, and

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RECX)RDARI FACIAS LOQUELAM— BECUPERATORES 299

which can therefore be proved and disproved only by the record
itaelf or an authorised copy.
Recordari fadaa loquelanii I, An old writ iasuing for the plaintiff or
defendant, in a suit brought in a county court, directing the sheriff
to cause the plaint to be recorded, and to remove it to one of the courts
at Westminster; see $ Bl. Cam, $4, 37, 196; C!oubt, 20.
Recordum. A record.

Re€Oispe,/r. To defalk, discount, or deduct.

Recouinnent. A deduction made for a past clidm in satisf 3ring a present
demand, both claims arising in the same matter, therein differing
from set-off; see Rch. EL L, Rev, ed,, { ^9- Discount: a present de-
duction made in satisfying a future claim.

Recooney without A qualified indorsement; an assignment without
assuming liability as an indorser.

Recovery. 1. A true recovery; the recovery of a thing or its value by
judgment in court. 2. A feigned recovery, or common recovery: a
method by which a tenant in tail conveyed his estate in fee simple;
the recoveror, the person to whom it was to be conveyed, bringing
a prtBcipe quod reddat against the tenant, who defended his title by
voucUng [calling] a man of straw to warrant, asserting that the latter
had conveyed to him; and upon the default of the vouchee (usually
the court crier, the common vouchee), which always happened after
leave was given th^ recoveror to imparl with him, the recoveror had
judgment against the tenant, who in turn had a nominal remedy that
he recover lands of equal value from the vouchee. A recovery by
double voucher was where the estate was first conveyed to some in-
different person, the tenant to the prascipe, against whom the prcecipe
was brought, and who vouched the real tenant, who in turn vouched
the common vouchee.

Recreant A coward; see S Bl. Com. $40.

Recrimination. An accusation made against an accuser by the accused.

Recto, De. Of right; writ of right. Recto snr disclaimer: a writ of right
issuing for the lord upon disclaimer by the tenant. Rectum: right;
<ee De.

Rector. A parson; a cleric having full possession of a living and tithes;
as distinguished from a vicar, where there has been an appropriation
or impropriation of the prasdial Hthee, and who is as it were the curate
of the appropriator, though not removable at his caprice, by Stat. 4,
Hen. rV. c. 12; and now conmionly the vicarage is endowed. Per-
petual curate: the minister of a parish exempted from the operation
of 4 Hen. IV. c. 12. Now all parish priests, not rectors, are called
vicars; 31 & 32 Vi4i. c, 117; and a curate can mean only a vicar's or
rector's salaried assistant.

Rectum. Right.

Rectus in curia, L Right in court; cleared of all charges or contempts.

Recapeiatores, 2. A Roman Judge.

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300 BED BOOK OF THE EXCHEQUER— REGICIDE

Red Book of ffae Exchequer. An ancient collection of records and mia-

oellaneoufl manuscripts in the Exchequer.
Reddendum, I. (Rendering.) The clause in a charter of feoffment, deed,

or lease, specifying the rents or services; see S Bl. Com, B99; Bob, SI.

L. Reo. ed., S iSl, Reddere: to render, yield, or return. Reddidit

80 : he rendered himself fui discharge of his bul].
Redeem. To regain or purchase back; see 47 Ohio St, 166,
Redemption. The process of defeating a mortgagor's title by fulfil-
ment of the condition; or by a bill in equity after breach thereof; see

Equttt of bsdbmption.
Redemptiones, I, Heavy fines.
Redeundo, I, Returning; while going back.
Redhibition. A dvil-law right of avoiding a sale for some vioe or defect;

see 2 Kent, S74,
Redjgseisin, A new disseisin by a person previously adjudged a di*-

seisor, for which he was liable in double damages.
Reditus albi, nigri, I, White rents, black rents; see Black hail, 2.

Reditus capitales: chief rents; rents of assise. Reditus quieti: quit-
rents. Reditus siccus: rent seek.
Reduction, sc. An action to set aside some writing or right.
Reduction into possession. 1. Of choses in action. 2. The taking poft>

session by the husband of the wife's goods, so as to make them liis;

see Equity, (Wife's).
Redimdancy. Foreign matter introduced into a pleading or answer.
Re-entry. A resumption of possession of lands or tenements by virtue

of a right reserved by the former possessor.
Reeve, sax, Qerefa, A ministerial officer.
Refalo. Re. fa. lo. An abbreviation for reoordari facias loqudam.
Refection. Reparation.
Referendo singula singulis, I, (Referring singles to singles.) Making

proper application respectively.
Reg. gen. Regula generalis. Reg. Jud.: Register of Judicial writs.

Reg. lib.: the Registrar's book in Chancery, containing all decrees.

Reg. Orig.: Register of original writs.
Regalia, I, Royal rights or prerogatives. Regalia majora: such as are

part of the King's sovereignty, inseparable; minora, such as are created

or conferred upon him; see 1 Bl. Com, 241,
Regard. One of the old Forest courts; see Coubt, 76.
Regardant. Annexed to the land or manor; see 2 Bl. Com. 9S; Villein.
Rege inconsulto, I. (The King not advised.) A writ directing judges

not to proceed in a cause which might prejudice the King's interests,

without advising him thereof.
Regis via, I, The royal [high] way.
Regiam majestatem, I, An ancient treatise on Scottish law resemblmg

Qlanvil.
Regicide. The killing of a king or queen.

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REGIDOR—RELICTA VERIFICATIONE 301

Regidor, span. A municipal council not exceeding twelve members; see
12 Pet, U2, n.

Register's Court A Pennsylvania court with probate jurisdiction.

Registrum brevium, I. A register of the original (Reg. Orig.) and ju-
dicial {Reg. Jud.) writs used in the law, first compiled in the reign
of Edward I., and preserved in Chancery; see S Bl. Cam. 18S; Fitz-

HSRBEBT.

Regnal years. The yean during which a sovereign reigned; see " A

Tabub of Bbitibh Rbgnal Ybabb/' p. 346 Appendix.
Regrating. Speculating in provisions. The ofifenoe of buying provi-
sions at a market for the puri>06e of reselling them within four miles
of the place; see 4 BL Com. 168.
Regula est, etc. See Ignorantia facti, etc.
RegulsB generales, I. The general rules and orders issued from time to

time by the judges of the English courts.
Regular dergy. Monks living in societies, as distinguished from the

secular clergy, the parish priests.
Rehabere facias seisinam, I. A writ to cause the sheriff to redeliver
seisin, who had seised the defendant of too much land imder a habere
facias seisinam.
Rehabilitate. To restore to a former condition of ability or capacity

one deprived of such by a judgment; see 96 U. S. 163.
Rei, I. See Res; Reitb.
Rejoinder. The defendant's second pleading; see Perry C. L. PL, 181;

3 BL Com. 310; PuBADiNa.
Relatio semper fiat ut valeat dispositio, L Reference should be so made

that the disposition may be valid.
Relaxare, L To release. Relaxavi: I have released.
Relative powers. Those which relate to land.
Relative rights. Those which grow out of relations to other people; see

Rob. EL L. Rev. ed., § 171.
Relator. The person upon whose complaint an information or quo

warranto is filed; see 6 Mass. £31 ; 3 BL Com. 264, 4S7.
Release. A conveyance wherein the releasor yields his right or estate
to a person already having some estate or possession in the lands;
see Rob. EL L. Rev. ed., §§ 130, 283. A secondary conveyance, which
may enure either (1.) by passing the estate (mitter Testate), where a
fee-simple will pass without any words of limitation, as from one joint
tenant or coparcener to another; (2.) by passing the right (mitter le
droit), where words of limitation are not necessary, and there is no
privity of estate, as from a disseisee to a disseisor; (3.) by extinguish-
ment, as of a seigniorial right, or right of reversion; (4.) by enlarging
a particular estate (enkrger I'estate); (5.) by entry and feoffment, as
where one of two disseisors releases to the other; see 2 BL Com. 324.
Relegatio. A kind of banishment under the civil law.
Relicts venficatioae. iS^ee CoGNoacgBBs; CoaNOvrr.

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302 RELICTION— RENT

Reliction. The receding of the sea, whereby land is left dry.

Releyamen, relevium, {., relief. 1. A jQne paid by the hdir of a deceased
tenant in chivalry for '' taking up " the feud. 2. The specific a8Bi»-
tance sought by a plaintiff in equity.

Rem. Thing. Rights ad rem: see Juba ad rem; Ad rem.

Remainder. A future estate at common law, created to take effect
after the end of a previous estate, which is called the particular es-
tate; see Rob. El. L. Rev. ed., % 97. k vested remainder is a future
estate given to some certain person or persons, which is to take effect
immediately on determination of the particular estate, and must be
ready at all times to take effect (if not divested, as by death of the
remainder-man) upon the determination of the particular estate in
any way; and which must take effect at some time, if not divested.
A contingent remainder is one which does not fulfil these conditions,
because it depends upon an event which may never happen, or may
not happen before the determination of the particular estate, or be-
cause the person to taJce the remainder is uncertain, or not in being.
A remainder limited by way of use is when a future use is so limited
that it might take effect as a remainder; in which case it is so consid-
ered; and the use becomes subject to the laws which govern remainden
at common law.

Remanentia, remanere, {. A remainder.

Remanet, {. A cause postponed to the neict term. Remanent pro
defectu emptonun (they remain for lack of purchasers): a sheriff's
return to a writ of fi. fa. that he has been unable to sell the goods
distrained.

Remitter. The doctrine by which a disseisee having good title, who
acquires a later defective title and enters under it, is remitted to his
original good title and deemed to hold thereby, free of incimibrances
by the disseisor; see S Bl. Com. 19, 190; Quod remedio, etc.

Remittit damna, I. The entry of the plaintiff on the record that he re-
mits part of the damages awarded him by the verdict. Remittitur:
the sending back of a record from a superior to an inferior court for
entry of judgment, new trial, or other proceedings.

Remoteness. See Perpetuity.

Remoto impedimento, emeigit actio, I. The bar being removed, the
action arises.

Render, fr. To yield; pay; return; used of rents, profits, or services
which the tenant had to render, not the landlord to take; see Prender.

Renounce probate. To refuse to act as executor under a will.

Renovant. Renewing.

Rent. A certain amoimt of money, goods, or services rendered to the
lord by the tenant in acknowledgment of tenure and compensation
for his possession. If the grantor of the land have a reversion and
may distrain, it is rent service; if he have no reversion, but may nev-
ertheless distrain by special clause in the grant, it is rent cbaiso; m$

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REO ABSENT&-EES 303

f Bl. Com, 42; if he have no reversion nor right of distraint, it is rent
seek; see Rch, El, L, Reo, ed,, { ^^* Black rent, Ckirf rent, Fe^farm
rents. Rack rents, White rents, rents of assize; see those titles.

Reo absente, I, In the absence of the defendant.

Reparatione fadenda, I, A writ to force the owner or part owner of
property to make repairs.

RepeUitur a sacramento infamia, L An infamous person is (repelled
from) refused the oath.

Repetitom naminm, I, A repeated or counter distress, withernam; see
$Bl,C(m,149,

Repleader. To plead the case over again, as when no satisfactory issue
has been reached; see S Bl, Com, S96; Rob, El, L, Rev, ed., § S44,

Replegiare, 2., replevir, fr. To take back on pledge; to replevy. Re-
plegiare de averiis: replevin of cattle. Replegiari facias: the original
writ in replevin.

Replevin. An action for the specific recovery of cattle or goods dis-
trained or taken; see S Bl, Com, IS, 170; Rob. El, L, Rev, ed,, { ^^^;
Obpit. The replevisor or plaintiff gives pledges or bond to prose-
cute and return the goods if judgment be given against him; where-
upon the sheriff seises the goods, and the plaintiff brings his action,
to which the defendant makes avowry or conusance in the nature of
a declaration setting up his title; and the following pleading of the
plaintiff is called the plea, and so on. This is replevin in the detinuit;
replevin in the detinet was where there was no reseizure of the goods,
as if they had been eloigned; see Capias in wtthebnam. Personal
replevin: an action or writ to review an imprisonment and enforce
rights of personal liberty, like the old writ de homine replegiando.

Repliant One who makes a replication.

Replication. The plaintiff's second pleading; see S Bl, Com. S09; Plbad-

TtfQ,

Reprisal. A forcible taking of the property of one nation by another in
satisfaction of an injury.

Reprobata pecunia liberat solventem, I, Money refused releases the
payer [person tendering it].

Reprobatur, sc. An action to convict of perjury.

Reputable. Held in esteem; see IBS lU, 246,

Reputation. The general opinion of a man's character. It is what he
is supposed to be, while character is what he really is; see Wig, Bv,^
{§ 62, 920, 1608,

Requests, ^ee Court, 63. Letters of request: see Lbttbbb.

Res, I, Thing; case; matter; affair; subject; circumstance. In re: in
a thing; in the matter of; see In be; Jura in be; a real right; right of
ownership or dominion. Ad rem: to a thing, a personal right; against
the thing; an action determining property; see Acno; Ad rem; Jura.
In rem: like ad rem; see In rem; against the thing, not agunst the
person. Res accatMfia, etc.; sm AocBSSOBnTM non Ducrr, etc. Ret

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S04 RESCEIT— RESPONDENTIA

alieoa: the property of another. Res caduca: an escheat. Res
commimea: things common [of common property]. Res corporales:
corporeal things. Res gestas (things done) : the circumstances of the
transaction; see Wig. Ev,, §§ 174S, 1757, 1768, 1796. Res integra
(an affair untouched): a new matter. Res inter alios acta alter!
nocere non debet: a transaction between other parties ought not to
injure one. Res inter alios: the acts of strangers; see 1 Met. 66.
Res ipsa loquitur: the matter speaks for itself; %ee 167 Mass. $88;
17 App. Dw. N. Y. 40B. Res judicata: an adjudged matter; see 100
Mass. 409. Res judicata pro veritate accipitur: a judgment is taken
for truth. Res nullius: the property of nobody. Res no¥a: a new
matter. Res perit domino (the thing perishes to the owner) : the loss
falls upon the owner. Res publica: the common weal; the republic.
Res publicse: the commonwealth. Res quotidians: every-day
matters. Res sua nemini servit: no man can have a servitude over
his own property. Res transit cum suo onere: the thing pssses with
its burden [the inciunbrance is transferred with it].

Resceit. The admission of a third party to defend his own interest, as
the reversioner in an action against the tenant.

Resdssoiy. See Action.

Rescous, /r. Rescue; the forcible taking of goods distrained, or de-
livery of a prisoner; see 4 BL Com. 131; May Cr. L., § 160.

Rescript. The answer of a Roman Emperor when consulted on a diffi-
cult question of law. In American States, the written statement by
the court of the grounds of the judgment on a point of law.

Recussor. A rescuer.

Rescutere, I. To rescue. Rescussit: he rescued.

Reset Harboring an outlaw.

Resiant. One having a residence or permanent abode.

Residuary. Of the residue; see Legacy.

Resist. To oppose by direct, active, and gtMUt-forcible means; see S7
Wis. »61.

Resoluto jure concedentis, resolvitur jus concessum, I. When the
assignor's right expires, the interest assigned comes to an end.

ResolutiTe, resolutory. Having the effect of ending; see CoNDmoN.

Re8on,/r. Truth; right; reason.

Resources. Money or convertible property; see S Mont. 386.

Respectus, {. Respite; delay.

Respondeat ouster, {. & Jr. (Let him answer further.) The judgment
for the plaintiff on a plea in abatement, that the defendant answer
over; see 3 Bl. Com. 303, 397. Respondeat superior: let the master
answer; see 2 Poll. & Maid. Hist. 633.

Respondent. A defendant; an appellee.

Respondentia. A loan like bottomry, but secured upon the ship's cargo,
and for which the borrower or master becomes liable personally if
the goods are saved; see 2 BL Com, 468.

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RESPONDES OUSTRE— REVERSION 305

Respondes otistje, ft. Answer over.

RespofUM firadentiim, L The opinions of Roman lawyen given as

experts; see 1 El, Com. 80,
Responsalis, I, One who answered for another; an attorney.
Resseiser. Taking of lands by the Crown.
Restitotio in integrum, I, Restitution to the original condition.
Restitution. A writ issued in favor of a successful plaintiff in error, to
restore to him all he has lost by the judgment; see 2 Tidd Pr. 1186.
Restitution of conjugal rights: a suit in the English ecclesiastical
courts by one party to a marriage, to compel the other to live with
him or her.
Rests. Periodical balancings of an account made for the purpose of
converting interest into principal, and charging the party liable
thereon with compound interest.
Resulting trust or use. One raised by equitable doctrines; or by im-
plication, as on the expiration of a previous trust, or before the be-
ginning of another; see Reeves on R, P. 606; 2 Bl. Com. SSO] Tbust.
Retainer. The payment of an executor by a debt due him from the
estate, in preference to other debts of equal degree. The engage-
ment of counsel by a party or attorney. A preliminary fee or honor-
arium.
Retoma brevium, I. (The return of writs.) The third day in the term.
Retomo habendo: a writ to compel the return of property to the
prevailing party in an action of replevin; see 3 Bl, Com, 160, 41 S,
Retortion. A retaliatory act by a nation toward another nation fail-
ing in courtesy; see Rob, El. L. Rev, ed,, f m,
Retour sans protdt, fr, A direction by the drawer to have a bill re-
tiuned, if dishonored, without protest, and sans frais, without
charges.
Retraxit, I, An open and voluntary renunciation by a plaintiff of his
suit, (Mering from a Nol, pros, in that it is a bar to any other suit
for the same cause; see S Bl, Com. 296,
Retro, I, Back; backward.
Retroactive. Acting back.

Rettare, Z., retter, fr. To accuse, or charge with a crime.
Rettum, I, An accusation; a charge.

Return. The act of a sheriff in returning a writ to the court issuing it,
after execution or attempt to execute. The indorsement made upon
the writ, stating how he has executed, or failed to execute it. Return
days: fixed days in the term on which the return of writs was re-
quired to be made; see Rbplevin.
Reus, I. A defendant; a person guilty.
Reve. ^ee Reeve. Reve mote: the sheriff's court.
Reverser, sc, A reversioner.

Reversion. The returning of a feud to the Crown (now called escheat),
or of a fee to the lord granting it; or, in modem times, of any prop-

20

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306 REVERSIONARY LEASE— RIXA

erty to the grantor of a common-law estate in it, after the determina-
tion of the estate. The residue of the estate, left in the grantor, to
commence in possession after the determination of some particular
estate granted out of it by him; see 2 BL Com, 176; Reeoes R. P. 11S9.

Reversionaiy lease. One to take effect in the future.

Reyerter. Reversion; see S BL Cam. 454,

Review. See Bill, I. 16; Commibsion, 9.

Revivor. See Bill, I. 17.

Revocation. To revoke, or call back a power or authority conferred.

Revocatur. It is recalled. The annulment of a judgment for an error
in fact.

Rez, /., re, ft. The King; a king. Rez non potest peccare: the King
can do no wrong. Rez mmquam moritur: the King never dies. Rex
non debet esse sub homlne, sed sub Deo et lege: the King ought not
to be subject to men, but to God and the law.

Rhodian law. The oldest collection of maritime law. Also, a name
given to a more modem code, of later and spurious origin.

Ribaud. A vagrant.

Rien, riens, /r. Nothing; not. Rien culp.: not guilty. Rien dit: says
nothing, nU dicU. Rien hiy doit: nil debet. Riens en arriere : nothing
in arrear; a plea in account or replevin. Riens lour deust: not their
debt; see Nil debet. Riens passa par le-fait (nothing passed by the
deed): a plea against a person setting up a deed acknowledged or
enrolled in court, where the plea of nan est factum was not allowed.
Riens per descent: nothing by descent, a plea by an heir sued for his
ancestor's debt.

Rifflare. A forcible taking.

Right Direct; lineal; next [heir].

Right) writ of. In general, a writ brought upon title to recover the full
right to a thing; a writ droitural, not possessory. Particularly, the
writ for a tenant in fee to recover lands and tenements, counting
upon his own title as superior to that of his adversary; the chief real
action; see 1 PoU. & Maid. Hist. 886-^9; 2 id. 76-78. This was a
writ patent as distinguished from a writ of light close, which lay
either for a tenant in capite; or for tenants in ancient demesne, or
their lords, about lands, rents, or services. So a writ of right of
advowson, dower (where a widow endowed had been disseised),
etc.; see Advowbon; Dower; De dote; Seabch; Wat; Bill, II. 4.

Riot. A breach of the peace by three or more persons; see 4 Bl. Cam.
126, 142; Rob. El. L. Rev. ed., § 496; Affbat; Assbmblt. Riot Act:
1 Geo. I. St. 2, ch. 5.

Ripa, I. The bank of a river. Riparia: a river.

Riparian proprietors. Those who own the lands bounding upon a
watercourse; see 4 Mass. 397.

Rite, l. In due form; properly; legally.

Riza, L A dispute.

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RE^TRIX-SAFEGUARD 307

RizatriZy L A scold.

Rotmria, roberia, L, robbery. 506 Labcent.

Robbator. A robber.

Roigne, reine, fr. The Queen.

Roman law. The law as established by Justinian, the civil law. The

law of the Romans; see Poll, A MaiU, Hist,; Howe Civ, L,
Romescot. Peter's pence.
Rota, I, A court.
Rotttrier. A free commoner.
Roup, 8c. An auction; a sale by auction.
Rout. An incipient riot; a meeting of three or n^ore to do an unlawful

act for a common grievance; see 4 Bl, Cam, 146; Rob, El, L. Rev. ed,,

i496,
Roy, roi, re, fr. The King. Roy n'est li^ per ascun statute, si il ne

8oit ezpressement nosmd: the King is bound by no statute unless he

be expressly mentioned.
Royal court. The courts at Westminster; see Court, 115. Royal

fish: whales and sturgeons, which belonged to the King if cast ashore.

Royal mines: mines of gold and silver.
Rubric. The title of any law, formerly in red letters.
Rule. An order of court. Rule absolute, nisi: see Absoltttb. Rule

in Shelley's Case: see Shellbt's Case. Rules of a prison: limits

within which prisoners in civil suits might live, if they gave security

not to escape.
Running with the land. See Covenant. Running days: lay days.
Rusticum judicium, {. A rude judgment. The judgment of Admiralty,

dividing the damages caused by a collision between two ships.
Rttta, I. Things extracted from the land.

S

S. For SaltUenif seUieet, S. C: same case; scUioet. S. P.: sine prole.

S. v.: sub voce.
Sac. The liberty of holding pleas and amercements; the jurisdiction

of a franchise or manor court. Soc: the money paid therefor, or for

exemption therefrom.
Sacaburth, saccabor, sax, A person from whom a thing had been stolen,

and who freshly pursued the thief.
Sacfaer,/r. To know. Sachent: let them know. Sachez: know ye.
Sacramentum, I, An oath; a juror's oath.
Sacrilege. Larceny or other trespass in a church.
Sa^pitts requisitus, I. Often required, or requested.
Seritia, I. Cruelty; cruel treatment. ^ -
Safeguard. A writ under the great seal, giving strangen license and

protection in the realm.

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308 SAFE PLEDGE— SCANDALUM MAGNATUM

Safe pledge. A sufficient surety, sabnu pleffiuB.
Said. Mentioned before; see 2 Kent, 666; 97 Ind. 60S,
Sairina, L Seisin.

Salic law. The earliest barbarian code, dating from the fifth century,
compiled under Pharamond, King of the Franks; see 1 PoU, A Mead,

Hist, se,

Salicetum, L A willow wood; an osier bed.

Sallna, l. A salt-pit.

Salus populi suprema lex, I. The welfare of the people is the supreme law.

Salutem, {. Greeting; a formal word beginning writs.

Salva gardia, l. Safeguard.

Salvage. A compensation allowed to persons who have saved or aided
in saving ships or cargo from actual loss after wreck, or from im-
pending danger, whether from fire, pirates, enemies, or the ordinary
perils of the sea; see Rob, El. L. Rev, ed., § S89.

Salvo, L Saving; except; safely. Salvo Jure cujualibet: saving the
rights of any and all. Sahro me et hsBredlbtts meis: except me and
my heirs. Salvo pudore: saving modesty.

Salvua plegius, I. A satisfactory pledge; a surety anciently required
for the defendant's appearance.

Sanctio, L A sanction; the part of laws prescribing a reward or pen-
alty. Sanctio justa, jubena honeata et prohibens contraria: a just
sanction, authorizing what is right and forbidding what is not.

Sanctuary. A consecrated or privileged place, wherein no arrest could
be made; see Abjuration of the rbalm.

Sane, ft, Sound; see 6 N. J. L. 661,

San» mentia, {. Of sound mind.

Sanguis, 2., sang, 8ank,/r. Blood; consanguinity.

Sanis. A Grecian punishment.

Sans, /r. Without. Sans ceo que: without this, that; see Travbbsb,
spEaAL. Sans jour: without day. Sana nombre: without number;
see Common. Sans recoura: without recourse; see Indobsbmbnt.

Saio. A sergeant-at-arms.

Sapiens incipit a fine, et quod primum est in intentione ultimum eat in
executione, I, A wise man begins with the end, and what is first in
intention is last in execution.

Sart. A piece of wood land turned into arable; see Absabtarb.

Satisdatio. Security given to satisfy a possible judgment.

Satius est petere fontes quam aectari rivolos, {. It is better to seek the
fountains than to follow out the streams.

Saunk, sauns. See Sang; Sans.

Saver default, /r. To excuse a default.

Sc. For Scilicet: to wit.

Scaccarium, I. A chequered cloth anciently used for accounting in
the Exchequer; the Exchequer; see Goubt, 11; S BL Com. 44'

Scan, mag., scandaltim magnatumt L The dander of great men; as a

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SCAVER— SEARCH 309

-peeTf noble, or judge, which fonnerly made the slanderer liable to a
special action on the case; aee S Bl, Com, 12i.
Scaver, scavoir, /r. To know.
Schireman. A sheriff.

Sci. fa. Scire fadaa; see Rob. El. L. Rev. ed., || S7S, $47.
Sciant presentes et faturi, {. Know all men present and to come.

Sciendum est: it is to be known [understood].
Sciens et prudens, L Wittingly; in full knowledge. Scienti et Tolenti
non fit injuria: no legal wrong may be done to one who knows and
wills it. Sdentia utriusque par pares contrahentes facit: equal
knowledge on both sides makes the contracting parties equal.
Scienter. Knowingly; a term used to express that the defendant was
aware of circumstances, knowledge of which is necessary to make him
liable; as that a dog was ad mordendum ae^uetue; Me 77 N. Y. 8upp.
SS7.

Scilicet, I. To wit; that is to say.

Scintilla, {. Spark. Sdntilla juris: a particle of right.

Scire debes cum quo contrahes, I. You ought to know with whom
you contract. Scire facias (that you cause to know) : the name of a
writ founded upon matter of record, and requiring the defendant to
show cause why the plaintiff should not take advantage of it; most
frequently brought to revive a judgment, or enforce a recognizance.
Also, an interlocutory process, as to give notice in various cases; see
S Bl. Com 41S. Scire feci (I have given notice) : the return of a sheriff
to a edre fadae. Scire fieri inquiry: when a sheriff returned nvUa
bona to a fieri facias de bonis tesUUoris, without also returning devae"
tavity this writ issued to make inquiry as to what had become of the
testator's goods.

Sciregemot, scyregmot, sax. The county court; see Goxtbt, 29.

Scot A tax, or contribution. Scot-ale: QUdale.

Scribere est agere, {. To write is to act.

Scrivener. A conveyancer, or writer of deeds and other instruments.

Scroll. An escrow; a rolled writing. A flourish or ornament.

Scutagium, L, scutage. Escuage. A payment in commutation pf mili-
tary services; see 1 Bl. Com. 310; 2 id. 74*

Scutum, I. A shield; a pent-house.

Scutifer. An esquire.

Se, fr. If. Se, I. Himself; itself; themselves. Se defendendo: in
defending himself; see 1 Bl. Com. ISO; 4 id. 183; Hoiocidb.

Sea letter. A manifest, particularly in time of war; a ship's passport.

Sea-shore. That space of land between high and low water mark; see
40 Conn. S82; 123 Mass. 361.

Search, right of. The right of belligerent powers to search neutral
vessels for contraband goods or enemy's property. Search-warrant:
is granted by a justice of the peace for the searching of a house, shop,
or other premises, for stolen or unlawful goods.

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310 SEBASTOMANIA-SEIGNIORY

SalMLstonuuiia. Religious insanity or monomania.

S6Cy8eck,/r. Diy; barren; see Rent.

Second deliverance. A writ for the plaintiff in replevin, after judg^
ment for a return on default or nonsuit, to have the goods again on
his giving the same security as before. Second aurcharge: a writ for
surcharging a conunon against the same defendant against whom
admeasiuement of pasture has been had.

Secondary. See Convbyancb; Evidence.

Secta, I, Suit. Suit at court; attendance at court. The witnesses of
a party in ancient procedure; see S BL Com. $96, 344; Witness; Gom-
PUBOATORBS. SectE ad molendinum (suit to a mill) : a writ against
persons who were bound by tenure or custom to bring their com to a
certain mill to be ground. So Secta ad fumum, torrale: suit to a
[public] oven, kiln, or malt-house. Secta curiae (suit of court): the
attendance in the lord's court, to which a feudal tenant was anciently
bound.

Sectator, L A suitor; one bound ad eectam curia.

Section. In American land law, one square mile, one thirty-oxth of a
township, six hundred and forty acres.

Sectores, l. Bidders at an auction.

Secular. Worldly; see 14 N. H, 139.

Secundum, I. According to; in favor of; near. Secnndnm «qutim et
bonum: according to what is just and good. Secundum allegata et
probata: according to what is alleged and proved. Secundum war
Buetudinem manerii: according to the custom of the manor. Se-
cundum formam charts, doni, statuti: according to the form of the
deed, gift, statute. Secundum legem communem AngUae: according
to the common law of England. Secundum naturam, normam legis:
according to nature, the rule of law. Secundum snbjectam mate-
riam: according to the subject matter.

Securitate pads, I. An old writ *' for security of the peace " for one
who was threatened by another.

Securus, {. Safe; sure. Securitaa: surety.

Sectts, I. Otherwise; contrary.

Sed, I. But. Sed non allocator: but it is not allowed. Sed per cu-
riam: but, by the court.

Sedato animo, I. With settled purpose.

Sedente curia, I. The court sitting; during the sitting of the court.
Sederunt: in Scotland, the session of a court.

Sedes, I. A see; the dignity of a bishop.

Sedition. An offence, tending towanls treason, but wanting the
overt act; see i^ob. El. L. Rev. ed., § 4^3.

See. A bishop's dignity or jurisdiction. See, fr.: seat.

Seigneur, seignior, fr. A lord; a master, or owner.

Seignioiy. A lord^p; a manor. Seignioiy in gross: a lordship inde-
pendent of a manor; as the King's seigniory over tenants inpapUe.

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SEISED— SERUTIM 311

Seised. PonsesBed of land under claim of a freehold interest; see Rob,
El L. Reo, ed., §§ 71-75, Seisin: seiBin in fact, actual possession; in-
vestiture of a freehold; see Beeves R. P. § B8S; 2 Bl. Com, e09, 311.
Seisin in law: the estate of a person having a freehold interest, while
dispossessed or before entry. Seised in his demesne as of fee: hold-
ing a fee simple, in a corporeal hereditament, of the superior lord;
see Livebt; Feoffment.

Seisina, 2. Seisin. Seisins fadt stipitem (seisin makes stock): the
seisin determines the root of descent; see Pobsessio fbatbis, etc.
The old law by which descent was traced from the person last seised
in fact; see Non jus, etc.

Seized, seizin, etc. Seised; seisin.

Selecti judices, I, Selected Roman judges; see S Bl, Com, S66,

Semb., Semble,/r. It seems. An expression applied to an obiter didum
by the judge, or a suggestion by the reporter.

Semblable, /r. Similar; like. S^nblement («imi2iter) : likewise.

Semer,/r. To sow. Seme: sown.

Semestria. Collections of decisions s^ven by emperors.

Semi-plena probatio, 2. Half-proof; see 3 Bl. Com. 370.

Semper, I, Always. Semper in obscuris quod minimum est se-
quinmr: in things obscure we always follow the least obscure. Sem-
per paratos: always prepared or ready; see Tour temps pbist; 5 Bl,
Com. 303, Semper prssumitur pro negante: the presumption is al-
ways in favor of the one denying.

Senate. See Coubt, 103.

Senatos consultom, I, A decree of the senate; one of the chief sources
of Roman law; see 1 Bl, Com, 80, 86, Senatos decreta: private acts
of the senate as distinguished from public laws; see 1 Bl. Com. 86.

Senescallos, I., seneschal, fr, A steward of a manor.

Senility. The condition of old age.

Sensos verborum est anima legis, I. The true meaning of the words
is the soul of the law.

Sententia, I, Sense, or meaning; sentence, or decree.

Separatim, I. Severally.

Sequatur sub sue periculo, I, An old writ issued on a return nikU to a
summoneas ad warrantizandum, after an alias and pluries had been
issued.

Sequela., I, A suit; prosecution.

Sequestrari facias, I. A writ of execution against a beneficed clergy-
man, commanding the bishop to enter the rectory and church, and
take and sequester the same until of the rents, tithes, and profits he
have levied the plaintiff's debt.

Sequestration. In equity practice, the process of taking the property
of a defendant in contempt, and holding it in the custody of the
court; see 3 Bl, Com, 444*

Seriatimi {. In order; one after anotheri

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312 SERIAUNT— SEVERAL

Seriaunt, /r., serJeant The highest degree in the profession of cx>mmon
law. Serjeants wore the coif, and had formerly the exclusive right to
practise in the Common Pleas.

Sedooa. Important; not slight; see 74 lU, 2S1,

Serjeanty. A special kind of knight-service, held only of the King.
Grand serjeanty: when the tenant was not bound to attend the King
in wars, not little to aid of escuage; but performed some particular
military duty or honorary service; 8eeSBl.Com.7S. Petty serjeanty:
when the tenant held by annual render of some weapon or the like; in
effect, like common socage; see IB BL Com, 81; Tenxtre.

Serment) /r. Oath.

Sermo index animi, L Speech is the index of the mind.

Serve. To legally deliver; as of a writ.

Service. The duty (whether of rents or services) which a tenant
owed the lord for his fee; ^ee JP Bl. Com. 64, Xjiight-service: aee
Tenure.

Services f6ttcierB,/r. Easements.

Serviena, {. A serjeant; a bailiff, or officer.

Servient tenement. See Dominant.

Servitium, I. Service. Libenim servitinm: free service. Servitinm
militare: military service; knight-service. Servitinm regale: royal
service, granted by royal prerogative to the lord of a manor. Servit-
inm Bcuti (service of the shield); knightnaervice. Servitinm soke:
socage; service of the plough. Servitia solita at consneta: the usual
and customary services.

Servitosi I. A servitude; an easement; see Rob. El. L. Rev. ed., § 57.

Servitus servitutis ease non potest: there cannot be an easement of
[on] an easement. Servitus non ea natura est, nt aliqnid faciat quia,
sed ut aliqnid patiatur ant non faciat: the nature of an easement is
not that one should do anything; but that one should suffer, or refrain
from doing something.

Servna, {. Slave; bondman. Servos ^cit nt hems det: the slave does
[the woric] that the master may s^ve [the wages].

Session, Court of. The supreme civil court of Scotland; see Court, 94.
Sessions: see Court, 27, 28, 40, 112.

Session laws. The acts passed at a legislative session.

Seti. A lease.

Set-off. A claim for debt or damages set up by the defendant against
the plaintiff in reduction of his claims; see Rob. El. L. Rev. ed., § iB9iS;
Recoupment; Counter-claim.

Settiement The rights and condition of a resident, as to parochial
relief, etc; see Strict settlement. Act of Settiement: see Act

Sever. To allow a separate plea.

Several. Individual; separate; entire. Severalty: an estate held
entirely by one owner m his own right; eee Rob, El, L, Rev, ed,, S ^04;
Joint.

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SEVERANCE— SILVA CiEDUA 313

Severance. The dissolution or severing of parties to a suit; or of joint
tenants or coparceners.

Shack. See Common.

Shave. To buy at a discount.

Shaw, I. A wood.

Shrievalty. The office of sheriff.

Sheriffs court Jury. See Coubt, 33, 38, 39, 69, 97.

Shelley's Case. A case in which is stated the rule that you cannot limit
an estate to a man for life, with a remainder to his children, or heirs in
fee or tail. The latter words will be words of limitation, not pur-
chase, and the man will take a fee; eee 1 Ccke^ 104; ^ BL Com. 172;
Rob. El. L. Rev. edt., ( 101.

Shifting-use. See Use.

Ship'sF-husband. The agent of the owners of a ship, who manages the
affairs generally, sees to repairs, insurance, charter-parties, etc.

Shire-mota. The county court; see Coubt, 29. Shire-reeve: the
sheriff.

SifZ. If. Si alicjuid ez solemnibus defidat, cum sBqnitaa posdt, subve-
niendum est: when any one of the proper forms is wanting, it will be
added if equity requires. Si contingat: if it happen. Si fecerit te
lecurum: if he [the plaintiff] shall have made you secure [given suffi-
dent sureties]. Words in the old writs which directed the sheriff to
cause the defendant to appear in court, without any option given; eee
SBl.C0m.g74. Siita est: if itisso; <ee^ Pe^. i^;?. Sinononmes:
if not all ; an old writ authorizing two or more justices to proceed under
the commission, if all were not present. Siprius: if before; see Niai
FRiUB. Si recognoacat (if he acknowledge): an old writ for a debt
which had been acknowledged before the sheriff. Si quia sine liberis
deceaaerit: if any one shall have died without issue.

Si, cy,/r. If; so. Sicomme: so as.

Sic, I. So. Sic hie: so here. Sic utere tuo ut alienum non bsdaa: so
use your own that you harm not another's. Sic volo, sic jubeo, stet
pro ratione voluntas: so I will, so I order, stand my will for the reason.

Sicut,{. As. Sicut alias: as before; as at another time. SicutmeDeus
adjuvet: so help me God.

Sier, sder, fr. To mow; cut.

Sigillum,Z. Seal. Sigillare: toseal.

Sign manual. The royal signature, written at the top.

Signiflcavit,7. A name for the writ de excommumeato cajnendOf to im-
prison a person, during six months, for contempt of an order of the
Ecclesiastical Court; eee S Bl. Com. 102.

Signum, {. A sign; mark; seal. Signare: to mgn; to seal.

Silent leges inter anna, /. The laws are silent among arms [in time of
war],

SQva cssdua, /. Wood which may be cut yearly; underwood; not
timber.

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314 SIMILAR— SOCAGE

Similar. Sameness in essential particulars; see lfS7 Mms. 4B4.

Similiter, I. Likewise; a word used in joinder of issue or demurrer. A
joinder of issue; see Rob, EL L. Rev. ed,, § Sl€.

Simony. The corrupt presentation to an ecclesiastical benefice; see 1
Bl Cam. S88, S9S.

Simple. See Contract; Labcent.

Simplex commendatio non obligat, /. Mere recommendation does not
bind [the vendor]. Simplex dictum: mere averment. Simplex
loquela: mere speech; the mere plaint of the plaintiff.

Simplidter, I. Simply; of its own force.

Simul cum, I. Together with; words used in indictments or pleadings
against a person who did a thing " with others ^* unknown. Simul et
semel: together and at one time.

Simulation. The agreeing together of two or more persons to create a
false appearance in furthering a fraud.

Sine, L Without. Sine animo remanendi, reyertendi: without in-
tention of remaining, returning. Sine assensu capituli: an old writ
for an ecclesiastical corporation to recover lands aliened by their col-
legiate head without their consent; so, for the successor of a bishop,
against his alienee. Sinecura: without a cure, without any charge or
duty. Sinedecreto: without a decree or order of a judge. Sine die:
without day [of meeting again], a final adjournment or dismissal.
Sine hoc quod: without this, that; see Special travebse. Sine
numero: without number; without stint. Sine prole: without issue.
Sine quo non: without whom (or which) not; the indispensable pei^
son or condition, without which nothing can l)e done; one of several
trustees. Sine vi aut dolo: without force or fraud.

Single bilL ^ee Bill, III. 7. Single bond: a bond without a condition.

Singulariter, l. Singly; in the singular.

Singuli in solidtmi, {. Each for the whole.

Sinking fund. One created for paying interest and prindpal on a debt;
see 14 N. Y. S79.

Sist In Scotch practice, a stay of proceedings.

Sitio. A Mexican land measure; see 161 U. S. B19.

Situs, {. Position; location; site; as for jurisdiction; see 6 Pet, 6B4.

Sive tota res evincatur, mve pars, habet regressum emptw in vendi-
torem, 2. The purchaser who has been evicted in whole or in part has
an action against the vendor.

Six clerks. Clerks on the equity side of Chancery, who received and
filed all bills, answers, replications, etc.

Slander. Defamation by words spoken; see S BL Com, 12S; Collo
Quiuu; Privileged communication; Libel.

Slander of title. Words tending to disparage the extent of a title.

Soc, socne, aocna, sax. See Sac.

Socage, Bocagiiim, L Tenure by certain service, not military; see 2 BL
C<m.80. Free and common socage: the general, and in modem times

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SOGERr-fiPARSIM 315

ahnost univeraal, tenure of English land; by free services, not mili-
tary, as rents (farm produce or money); aee f BL Cam. 79. Villein
socage: tenure by base, but certain, services; aee Tbnube.

Socer. A father-in-law.

Societas,^. A partnership. Sodi mei flodiu mens sodus mm est: the
partner of my partner is not my partner.

Sodete, /r. A partnership.

Socman. A name applied to all kinds of tenants other than those in
knight-service; see 2 Bl. Com. 100.

Sodomy. A carnal copulation committed by a human being with an-
other human being, i)er anum, or with a b^ist; see SI Tex. Cr. R. 661;
May Cr. L., § gOS; Rob. EL L. Reu. ed., § 606.

Soi,/r. Him; her. Soimesme: himself.

Soit, fr. Let it be. Soit baile auz commons: let it be delivered to the
Commons. Soit droit fait al partie: see Pbhtion db dboit.

Soka, soke, 2., fr. 1. See, q. v. 2. A plough.

Solar day. From sunrise to sunset.

Solares, span. Lots of ground.

Solatium, I. (Consolation.) ' Compensation; sentimental damages.

Sold note. See Bought and sold notes.

Sole. See Corporation; Femb.

Sqjemnitas, I., solempnit^, fr. Due form and ceremony.

Solidtors. The attorneys in Chancery were so called.

SolidimifZ. A thing undivided; entire; the whole.

Solum, I. The ground, or soil.

Solutio, 2. Payment; satisfaction. Solutio indebiti: payment of what
is not due. Solutio pretii emptionis loco habetor: the payment of
the price operates as a purchase.

Solutus, I. Loosed; freed; purged; released.

Solvendo, I. Paying. Solvendum in faturo: to be paid at a future
time. Solvit: he paid. Solvit ad dienii Solvit post diem (he paid at
the day, he paid after the day) ; pleas in an action of debt on a bond.

Solvere. To release; to pay.

Son assault demesne, /r. His own assault; a plea in actions of trespass
for assault; see 4 Denio, 448; S Bl. Com. 120, S06; Db injuria, etc.

Soon. Within a reasonable time; seel4Kan.2S2.

Sortitio. A drawing of lots; see S Bl. Com. 366.

Sottb, soubs, sous, south, fr. Under.

Soul-scot. A mortuary dfering; corse-present.

Sounding in damages. Said of an action to recover damages only.

Soyent, souvent, fr. Often.

Sovereign. Of supreme civil, military, and poUtical power; the person
or body of persons in whom the ultimate authority of law rests.

Soy, fr. See Soi.

Spadones, I. Those who are unable to procreate.

Sparsini, I. Scattered; here and there.

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316 SPEAKING— STARRUM

Speaking de mur r er . See Duicdbbbb.

Special Agent, Aasumpsit, Bail, Case, Contract, Damages, D emurr e r,
Indorsement, Jury, Occupant, Partner, Plea, Pleader, Pleading, Tail,
Traverse, Verdict: see tiiose titles. Special counts: see Common
COUNTS. Special issue : a plea of specific traverse, or the issue thereon.
Special pleading: the art of drawing up pleas in confeflsion and
avoidance. In popular language, the adroit and plausible advocacy
of a Ghent's case in court. Special property: that of a bailee, or officer
in possession of the goods; such as is necessary to ground an action
for trover. Special sessions: an extra session of the justices of the
peace, held for special purposes, usually under acts of Pariiament.

Specialty. A contract or obligation under seal; see S BL Com, ^66; S
id, 165.

Species facti, I, The character of the thing done.

Specific legacy, traverse. See those titles. Specific peiformanoe: the
execution of a contract as made, which can only be compelled by a
court of equity; see 84 Me, 196; 180a.47S.

Sperate, 2. To hope.

Spes,{. Hope. Spesaccrescendi: hope of surviving. Spereciqiefandi:
in the hope [expectation] of recovering.

Spiritual courts. Courts ecclesiastical, Christian; see Court, 79.

Spiritualities. The revenues of a bishop as bishop; his ecclesiastical
recdpts.

Spoliatio, I, Forcible deprivation; disseisin. Spoliatus debet ante
omnia restitui: the party dispossessed ought first of all to be restored.

Spondet peritiam artis, I, [The workman engaged for hire] promises the
skill of his craft.

Sponsio judidalis, L A feigned issue under Roman law; see S BL Com,
46$,

Spouse breach. Adultery.

Springing use. ^eeUsE.

Spulzie, spuilzie, sc. Unlawful taking and carrying away of goods.

8S. (JScUioet), A mark in a pleading or process indicating the venue.

Stabit pmsumptio donee probetur in contrarium, I, The presumption
shall stand until it be proved to the contrary.

Stable-stand. Standing ready with bow or hounds; one of the four
evidences of intending to kill deer in a forest.

Stagntmi, I. A pool, or pond.

Stallage. The Uberty of, or duty paid for, having stalls in a market.

Standing mute. A prisoner was said to stand mute, when, on being ar-
raigned for treason or felony, he made no answer, answered foreign
to the purpose, or, having pleaded not guilty, refused to put himself
on the country; see Painb it>BTB bt dure.

Stannary courts. See Court, 72.

Stapula, {., staple. A fair, or market; see Statuib.

Starrum, L, star. A deed, or contract.

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STAR CHAMBER—STRICT SETTLEMENT 317

Star chamber. See Court, 44.

Stare, L To stand; to be valid. Stare decisis: abide by the decisions;

see 1 BL Com, 70; Rob, El, L, Rev. ed,, § 9, Stare in judido, I, To

appear in court as a party to an action.
State Courts. See Court, 108.
State's evidence. See Queen's evidence.
Statim, I, Immediately.
Stating part of a bill in equity. The part which states the facts in

the case; see Charginq part.
Status, I, Estate; condition. Status quo: the state in which ^t was

before].
Statute-merchant A bond or acknowledgment of debt entered into by

a debtor before the chief magistrate of some trading town, by which

the debtor's goods and lands might be seized and his body imprisoned;

authorised by the statute De MercaioriJbus; see Rob. El, L. Rev. ed.,

§ 9iB, A Statute-staple is a similar bond acknowledged before the

mayor of the staple, authorized by the 27 Edw. III. o. 9. For other

statutes, see their titles.
Statutoiy release. A conveyance superseding the old Lease and Release,

created by 4 A 5 Vict. c. 21.
Statutum generaliter est intelligendum quanda verba statuti sunt

spedalia, ratio autem generalis, I. A statute is to be generally inter-
preted, although the words be special, if the purpose be general.
Steelbow goods. In Scotland, cattle and implements of husbandry

given by the landlord to the tenant, who is bound to return articles

equal in value at the end of the lease.
Stellionate. A general name covering frauds in making contracts.
Stere. A French solid measure.
Stet processus, I. (Let the process be stayed.) An entry by consent,

made by the plaintiff on the record when he wished to stop the action

without suffering a nonsuit; as if the defendant became insolvent.
Steth, stede. The bank of a river.
Stilliddium, I. The servitude of suffering water to drip on one's land

from the house of another.
Stint Limit; see Common bans nombre.
Stirps, stripes, I, A stock; root of descent; family. Per stipitem: by

stock, by families, by right of representation of an ancestor, not per

capita; see 2 Bl, Com. $17, 617.
Stipulation. In admiralty, an engagement in the nature of bail, or

bond, to release from attachment.
Stoppage in transitu. The right of a vendor to rescind a contract of

sale, and seize the goods while still in the hands of the carrier; see

g Bl. Com, 448.
Stowe. A valley; a place.
Strata, I. A street, or road.
Strict setdament Popularly called entail; a settlement of lands by

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318 STRICTI JURIS-SUBSEQUENT

deed or will upon one for life, remainder to his first and other sons
successively in tail, remainder to the daughters with cross remainders,
remainder to the settlor or grantee in fee; with proper remainders to
trustees to preserve contingent remainders interposed.

Stricti juris, /. In strict law, or right.

Striking a jury. See Jxsby.

Strip. Aggravated waste; estrepement.

Stultify. To make one appear stupid.

Stumpage. The price paid for the privilege of cutting trees; eee 67 Mo.
478,

Stopmm, L Criminal sexual intercourse between a man and a woman
who before was virtuous.

Suapte natura, L In its own nature.

Sub, {. Under; beneath; below; upon. Sub-boscus: underwood. Sub
conditione: under the condition. Sub colore officii: under color of
office. Sub cora mariti: under the care of the husband. Sub dia-
junctione: in the alternative. Sub judice: under a judge; before
oourt. Sub modo: under restriction; with a qualification. Sub
potestate viri, parentis, cwnm: in power under protection of a hus-
band, parent, or the court. Sub salvo et securo conducto : under safe
and secure conduct. Sub sigillo: under seal. Sub silentio: in mlence;
imnoticed. Sub spe recondliatioms : under the hope of reconciliation.
Sub sue periculo : at his own risk. Sub voce : under the word [used in
referring to another title].

Subinfeudation. The granting of a feud out of a feud, to be held of a
mesne lord, forbidden by the statute Quia emptores; see B Bl, Com.
91; 1 PoU. A Maia. Hist, 273, 330; 2 id. 22.

Sublata causa, toUitur effectus, I. The cause removed, the effect is
gone. Sttblato fundamento, cadit opus: the foundation removed, the
work falls. Sublato prindpall, tollitur adjunctum: the prindpsl re-
moved, the accessory is gone also.

Subletting. See Underleasb.

Subornation. Instructing or procuring another to commit an offence;
see 4 Bl. Com. 137; Rob. El. L. Rev. ed., § S19.

Subpoena. I. Under a penalty. A judicial writ commanding a party
or witness to appear in court under a penalty; see Rob. El. L. Rev. ed.,
§ 338. Subpoena ad testificandum: the conunon subpoena to a wit-
ness; see 3 Bl. Com. 369. Duces tecum: a subpoena commanding the
person to bring with him certain documents or evidence; see 3 BL Com.
382. In equity, the subpoena is the first process; like the writ in
law, and issues on filing the bill; see 3 BL Com. 445,

Subrogation. The substitution of one person for another; and par-
ticularly when one person, having discharged another's liability, or
satisfied his claims, steps into his rights; see 117 Ind. 661.

Subscribe. To write underneath; see 46 Ind. 213,

Subsequent ^Ses Ck>NDinoN.

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SUBSTANTIVE LAW— SUPERFLUA NON NOCENT 319

SttbstantiTe law. That part of law which creates and defines rights;

not adjective law, which defines methods of enforcing rights.
Substituted service. Service of process authorized by the court to be

made on some other person, when the party cannot be found.
Subtraction. Is where any person who owes any suit, duty, custom, or

service to another, withdraws it or neglects to perform it.
Succurritur minori, I. A minor is to be aided [favored].
Suerte, span. A small lot of ground; see 5 Tex, 83,
Sufferance. See Estate. Tenure at sufferance of the landlord, by a

tenant holding over his term; see Rob, El, L, Rev. ed., § 89,
SufEragan. Assistant. A titular bishop, assiBtant to the bishop of the

diocese.
Suffrage. Vote.

Suggestio falsi, I, A false representation.
Suggestion. An entry on the record of a fact material to an action

which cannot be pleaded.
Sui» I, His; his own. Sui generis: of its own kind; the only one of its

kind ; peculiar. Sui juris : of one's own law ; under no legal disability ;

not under guardianship.
Suit 1. An action, or prosecution. 2. Service; attendance by a ten-
ant at the lord's court.
Suitors' fund. The moneys, and interest thereon, paid by litigants into

court in the Chancery.
Summa ratio est qus pro religione fadt, I. (That is the greatest reason

which makes for religion.) That rule of conduct is to be deemed most

binding which religion dictates.
Summary. Hasty; provisional; without a jury; statutory; without an

action at law; see 4. Bl, Com. 280,
Summing up. The argmnent to the jury after all evidence is in.
Summoneas, I. A writ of summons ; a general name for writs conmiand-

ing a party's appearance in court; a writ judicial, by which all per-
sonal actions are in modem times commenced. Summoneas ad

auziliandum: a writ of sununons on an aid-prayer. Summoneas

ad warrantizandum: a writ of summons to a person who had been

vouched to warranty.
Summum jus. Strict right, the rigor of the law. Summum jus, sanuiia

injuria: extreme right is extreme wrong.
Sumptuaiy laws. Laws restraining excessive expenses of living; see i

Bl. Com. 170,
Stto nomine, 2. In his own name. Sue periculo: at his own

risk.
Super, I, On; upon; above; over. Super altum mare: upon the high

seas. Super se susceperunt: they undertook. Super visum corporis:

upon view of the body.
Superficies, I, The surface; whatever has been erected on the soil.
Supeiflua non nocent, {. Things superfluous do no harm.

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320 SUPBRPCETATION— SURETY

Superf oetatioiL Conception by a woman already pregnant.

Superior. See Coubt, 7, 15, 109.

Superonermre, 2. To overburden; surcliaige. Snperoneimtio: surcliaige
of common.

Supersedere, L To supersede; stay; desist from; neglect. In Scotch
law, a sist. Supersedeas (that you refrain) : a writ granted to forbid
the operation of another writ; a writ to stay proceedings or suspend
jurisdiction; see 1 BL Cam. S6S; S id. 407,

Superstitious uses. Various bequests to Jews, Dissentors, and Papists
for religious or quasi religious purposes, which in England were made
void by several statutes; and the King might divert them to such
uses as were " truly charitable " ;eee$ BL Com. 4£8.

Supplemental bill. See Bill, I. 18.

Supplementary proceedings. A statutory proceeding to discover a
debtor's property that is subject to an issued execution.

Suppletory oatii. An oath administered to a party himself where only
one witness was offered, the object of which was to make plena prO"
baHo, in the civil law; see S Bl. Com. S70.

Supplicatio, 2. In civil law, the rejoinder, the dupUoaHo; a petition for
a pardon of a first offence.

Supplicavit, I. A writ to make a man find sureties of the peace; see 4 Bl.
Com. 2S3.

Supplicium, I. The punishment of death.

Suppressio veri, 2. Concealment of the truth; see 1 Pet. $83.

Supra, I. Above; over. Supra dictus: aforesaid. Supra protest; upon
protest; see Acceptance.

Suprema voluntas, I. A last will.

Supremacy Act See Act.

Supreme. See Coubt, 104, 108. Supreme Court of Judicature: see
Court, 19, 101.

Sur, fr. Upon. Sur cognisance, etc. Sur done, etc. : see Fine. Sur
cui in vita: see Cni in vtta. Sur disclaimer: a writ in the natiue of
a writ of right brought by the lord against a tenant who had dis-
claimed his tenure, to recover the land.

Surcesser, /r. To supersede; to desist.

Surcharge. To overburden. In equity practice, to add an item to an
account ; see Faij9ift. Surcharge of common, pasture : the commoning
or pasturing of more beasts than the commoner is entitled to; see 5
Bl. Com. SS7.

Surety. A pledge; a person who becomes answerable for the debt or
default of another; see Rob. El. L. Reo. ed., § 170. He is not supposed
to have actual custody of his principal, like bail; and may be sued
immediately without a previous suit against the principal. Surety
of the peace : a recognizance or bond to keep the peace, acknowledged
before a justice of the peace, either on his own motion or on complaint
of a third party who swears the peace against the one bound [makes

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SURETYSHIP— TABULA RASA 321

oath that he is in bodily fear of him, and does not do it for malice

or vexation].
Suretyship. A primaiy undertaking to answer for the debt, default, or

miscarriage of another; see 24 Pick, 262,
Surface waters. Waters of a casual and vagrant character following no

definite course, oozing through the soil or spreading over the surface;

see Si Minn. 489,
Surplitssginm, I, Surplusage; see Rob, EL L. Rev. ed,, S§ S06, 69S;

SUFERFLUA, etC.

Surrebutter. The plaintiff's fourth pleading; see $ Bl, Com. $10.

Surrejoinder. The plaintiff's third pleading.

Surrender. The yidding up of a lesser estate to him who has a greater.
Surrender in deed, siurender by conveyance, as the grant of a life
estate to the remainder-man; in law, implied by operation of law, as
if a tenant for years accepts a new lease; in copyholds, the yielding
up of a copyhold estate to the lord of the manor, usually in order
that he may make a new grant; the method of alienating copyholds;
see 2 Bl, Com, S66, 369,

Suitogate* A bishop's chancellor, who usually presides in the diocesan
court. A judge of matters of probate and guardianship; see Court,
110.

Sundsa, I., sursise, /r. Neglect; default.

Sursum reddere, I, To render up, or surrender.

Su8,/r. Upon; above. Susdit: aforesaid.

Sua. per colL, Suspendatur per coUum, I, Let him be hanged by the
neck; eee 4 Bl, Com, 408,

Suspensive. See Condition.

Suum cuique tribuere, I, To give to each one his own.

Suusy I, His; his own; see Sui; Stio.

Suzereign, Jr, A crown vassal.

Swearing the peace. See Article; Surett of the peace.

Swein. A freeholder; a freeman of a forest.

Sweinmote. See Court, 77.

Syb and som, sax. Peace and security.

Syllabus. A head note to a decision.

SylvAt I. Wood. Sylva cssdua: coppice wood, cut annually.

Syndic. An assignee of a bankrupt.

Synod. A religious council or court.

Syngraph. A chirograph; indenture; see 2 Bl, Com, 296.

T., Teste, I. Witness. T., Termino, {.; term.

T. R. E., Tempus regis Bdwardi, I, In the time of Edward the Confessor.

Tabema, tabemaculum, I. A tavern; an inn.

Tabula rasa, 2. A blank tablet.

21

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322 TAOTE-TEINDB

Tadte, 2. Silently; tacitly.

Tacit law. Law existing by common consent of the people, although
not enacted by the legislature.

Tacking. The doctrine by which a mortgagee having liens acquired
at different times may unite them and enforce them all with the ear-
liest, to the exclusion of intermediate incumbrances; see 2 Bl. Com, 160,

Tail. 1. Tail general: an estate limited to a man and the lawful
heirs of his body; see 2 Bl, Com, US. Tail male: to a man and the
male heirs of his body. Tail female: to a man and the female heirs
of his body; see S Bl, Com, 11 4. Tail special: to a man and his heirs
on a certain body begotten. 2. Strict settlement, q. v,; see Fee.
Tail after possibility of issue extinct: the estate of a widower having
no issue, holding lands under a grant in tail special or frankmarriage;
see 2 Bl, Com, 124-

Tailzie, sc. An entail; tail, q. v.

Taini, tfaaini. Freeholders.

Tale. A plaintiff's count; see S Bl, Com, 293,

Tales, I, Such; so many. Tales de drcimistantibtts: so many jurors
as may be necessary to make up the panel, selected from the by-
standers, talesmen; seeSBl, Com, S64; Decem tales; Octo tales.

Talis quaUs, I. Such as; as much.

Taliter, I, In such manner. Taliter processum est: so it proceeded.

Tallagitun, I, Tallage; a tribute; direct tax.

Talliare, I, To cut; cut out; abridge; see 1 Bl, Com, Sll, Tallia: tail.

Talmud. A compilation of the civil and canonical law of the Jews.

Taniy I, So. Tarn quam: as well as. Tarn facti quam animi: as much
in act as in intention.

Tamen, I, Yet; notwithstanding.

Taltarum's Case. The case which established the foundation of com-
mon recoveries. Y. B. 12 Edw. IV. 19-21.

Tanistiy. An old Irish tenure by which lands descended to the eldest
and worthiest of the blood and name.

Tanquam prescriptum quod possessum, I, Prescription can only go as
far as possession [for what has been possessed].

Tant, /r. As; so; as much. Tantost: forthwith; as soon as.

Tanteo, span. Pre-emption.

Tantusy I. As much; so much. Tantum: only. Tantum bona valent
quantum vend! possunt: things are worth as much as they will
bring.

Tardy /r. Slow; late. Tarde: a return of a sheriff that a writ was de-
livered to him too late for execution.

Team. Two or more beasts harnessed together for drawing a vehicle;
see 60 la, 462. Sometimes applied to a single house; see 16 Barb.
668,

Tedding. Spreading.

TeindSi «c. Tithes. Teind court: see Ck)UBTy 96.

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TEINLAND— TENURE 323

Teinland, Mj;. Land of a thane or noble; not subject to the service of
agricultural tenants; held in knightngervice.

Texnere, {. Rashly; inconsiderately.

Temple. See Inns of Court.

Temporalities. The secular revenues, lands, tenements, and lay fees
belonging to a bishop; «ee 1 Bl, Com, 282,

Tempos, 2., temps, /r. Time. Tempoiis ezceptio: a plea of lapse of
time. Tempos utile: available time; see Annus unus.

Tenant 1. One holding lands. 2. One holding a lease for years;
see Tenure. 3. The defendant in a real action. Tenant in capite,
Chief, Common, Dower, Fee, Tail; at Sufferance; by the Curtesy;
to the PrsBcipe; Paravail: see those titles. Tenant for life, see Life
estate; after possibility, see Tail; for years, from year to year, at
will, see Estate.

Tenant-right. A kind of customary estate in the North of England and
Ireland dependent on the right to renewal of leases.

Tender. An offer of money or other thing in satisfaction of a debt or
claim; a plea to that effect; see 3 BL Com. SOS; Rob, El. L, Rev,
ed.f § 168, Tender of issue: the part of a plea in traverse which
offers to submit the dispute to the proper mode of trial.

Tenement. That which may be the subject of tenure; any interest re-
lating to land, or hereditaments dependent on grant.

Tenendum,!. (To be held.) The part of a deed following the ^obevMium,
and stating the tenure by which the land was to be held; see 2 Bl,
Com, 298,

Tenens, I, The tenant.

Tener,/r., tenere, 2. To hold; to keep. Tenet, tennit: he holds, he has
held; see Waste.

Tenor est qui legem dat f eudo, I, The tenure regulates the law of the
feud.

Tenths. 1. An ancient aid granted the King, being one tenth of each
subject's personalty. 2. The tenth part of all spiritual benefices, for-
merly paid to the Pope, afterwards to the Crown, and applied by Queen
Anne to make up the deficiencies of small benefices, called Queen
Anne's bounty.

Tenure. I. Allodial tenure is not properly tenure at all, being abso-
lute ownership, as distinct from (II.) feudal tenure: where lands
were held of some superior lord by services or rent; see 2 Bl, Com, 59;
Rob. El. L. Rev. ed., § 90; Feudum; Fee. Tenure differs, —
A. According to the nature of the service. 1. Frank tenure or free-
hold: by free services. This includes (a.) Knighl-service, (b.) socage f
(c.) spirUiuil service, (a.) Knight-service, military tenure, tenure in
chivalry, comprises knightngervice proper, where lands were held by
the service of attending the lord in war, furnishing armed men, horses,
etc., or paying escuage in commutation therefor; grand serjeanty, a
tenure of the Crown, by performing some spedal or personal service,

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324 TESRCE— TESTATUM

which was not oooadered base because rendered to the 'Kmg; and
oomage, a kind of grand serjeanty, by winding a horn at the approach
of the Soots or other enemies. All these tenures were abolished by
the 12 Car. II. c. 24. (b.) Socage, service of the plough, comprising
free and common socage, by fixed, free agricultural services; usually
rent, either in farm-produce or money; petty serjeanty, which was a
socage tenure held of the Crown, by some small annual rent or render;
burgage, a socage tenure in old boroughs, affected by local customs.
In socage tenures the lands anciently descended to all the sons in
common, which custom persiBted in Kent; whence the Kentish soc-
age tenure is called Gavelkind, (c.) Spiritual service ; which included
frankalmoign and Divine service; see Frankalmoiqn. 2. Base ten-
ure or ViUenage; which was either pure or privileged according as
the services, though base, were certain or uncertain. This only sur-
vived in copyhold tenures; eee Copthold; Cubtomabt fbebhold;
Ancient dembsnb.

B. According to the lord of whom the land is held; as (a.) in capiUy
of the King, either lU de corona (as of the Crown) ortUde honored in
virtue of some honor, dignity, or manor of which th^ King was pro-
prietor; (b.) of a mesne lord, the origin of one variety of Ixue fee;
(c.) of the lord of a manor, copyhold.

C. According to the duration of the interest; see Estate; Tenant.
Terce. In Scotch law, dower; a widow's third.

Term. 1. An estate for years; aee S Bl. Com. IJ^S; 8 Pick. S39. 2. A
time ^ven; a limit of time. 3. The sitting of a court. Tenn to at-
tend the inheritance; see Attendant term.

Terminum qui praeteiiit See S Bl. Com. 176; Ad.

Terminus, {. A bound, or limit . Terminus a quo: the date or point
of beginning; terminus ad quern, the time or point of ending. Ter-
minus juris: the time of one or two years allowed in English eocle-
siasticaJ courts for appeals.

Termor. One who holds land for a term of years or for life; see S Bl.
Com. H£.

Terra, {., terre,/r. Land. Terra culta: tilled land; frisca, unploughed
land. Terra testamentalis: devisable lands; bocland. Terra vestita:
sown land. Terre-tenant: a person occupying land; see 2 Bl. Com.
91 f S28; Use. Terrs dominicales, tenementales: see Manor.

Terra nova. New land cleared to arable land.

Territorial courts. See Court, 113.

Tertia, I. A third part; dower.

Tesmoyn, ft. An attesting witness; a witness.

Tesmoynage, tesmoynaunce, fr. Testimony.

Testacy. The condition of leaving property disposed of by will.

Testate. A person deceased leaving a valid will. Testator, testatrix:
the person whose will is in question.

Testatum, 2. (Testified.) iSee Capias.

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TESTIS-TOFTUM 325

Testis, teste, I. Witness. Teste meipso: witness myself .
Testimonia ponderanda sunt, non muneranda, I. Evidence is to be

weighed, not measured (numbered). Testimaniiim: testimony;

evidence; attestation.
Testmoigne. Evidence.
Theft A popular tenn covering larceny, embezzlement, swindling, and

other acts the nature of whidi is to deprive a person of his property

unlawfully.
Theft-bote. The receiving of money or goods from a thief to favor or

aid him, or not to prosecute him.
Thegn. A chief lord; a tenant in eapUe. ThennJagmannagemote,

thegnmen's court: see Coxtbt, 4.
Thellusson Act. The 39 & 40 Geo. III. c. 08, restricting accumulations

to a term of twenty-one years from the testator's death; sae Pbe-

PBTUITY.

Theolonimn, tholonium, {. Toll.

Thesaurus inventus, L Treasure-trove.

Thesmothete. A maker or giver of law.

Thirlage, sc. A service or duty of multure.

Thritfaing, sax. A riding; a third part of a county.

Tie!, tieubr, etc., /r. Such.

Tiempo inhablL Insolvent.

Tiers, tierce, fr. Third; a third part.

Tignum, I. A beam of a house; a timber.

Timber. Large wood; building wood; oak, ash, and elm.

Time immemorial, time out of memory. Before the reign of Bichard I.,
A. D. 1189; see U L. R, A, IBO, n.

Tipstaff. An officer of the K. B. having custody of prisoners.

Tithes. The tenth part of the yearly increase or profits, from lands,
stock, or personal industry, due the rector of a parish for his main-
tenance; see 1 BL Com, S85, 386, Those from lands were prsdial,
those from stock mixed, and the last personaL The great tithes
were com, wood, hay, etc.; the small tithes included all others.
Sometimes the latter were called vicarage tithes, as payable to the
vicar, and the former parsonage tithes, as payable to the rector.
Tithe rent-charge: the rent-charge established in lieu of all tithes by
the 6 A 7 Will. IV. c. 71.

Tithing. An old Saxon division of a hundred, usually a tenth; and
composed of ten felawes, borghs, frankpledges, with their families,
who were mutually responsible for one another by the frankpledge.
The tithing-man, or hc»d-borow, was the chief; and had somewhat
the duties of a constable; see 1 Bl. Com. 115, S66.

Titolus est jnsta causa poesidendi id quod noatmrn est, {. Title is the
just cause of possessing what is ours.

To-wit Namely.

Toftum, L, toft The site of a ruined or decayed house.

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326 TOLL— TRAIL-BASTON

Toll. 1. A liberty to buy and sell within a manor. 2. A tribute paid
for passage. 3. A liberty to take such tribute, or to be free there-
from. Toll thorough: toll (2.) over a highway or bridge. Toll trft-
verse: a toll (2.) for passing over land of a private person. Toll
turn: a toll (2.) on cattle returning from a market where they were
not sold.

Toller, /r., tollere, {., toll. To lift up; take away; defeat. Toll the
entry: to remove the right of entry; see Descent cast.

Tolne,/r., tdnotum, Z. Toll,

Tolta, I., tolt An old writ or precept from the sheriff to remove a
cause from a oourt-baron to the county court; see S Bl, Com, SJ^ 196.

Tonsura, Z., tonsure. The shaving of the crown of the head; eee^BL
Com. S67.

Tor, sax. A mount, or hill.

Torcenouse, /r. Tortiously; tortious.

Tom. SeeTouKs.

Torrale, {. A kiln; a malthouse.

Tort, fr. Wrong; legal wrong. A dvil injury, for which an action may
be maintained. A name given to that class of actions arising ex ddido.
see S BL Com. 117. Tort-feasor: a wrong-doer, or trespasser; see Rob.
El. L. Reo. ed., §§ £SS, $36. Tortious conveyance: see Convetancb;
Convey.

Tot. A word written opposite an item in an account, indicating that it
was good; when the item was said to be totted.

Tot,/r. iSfceTouT.

Tota curia, {. The whole court. Toto coelo: by the whole heavens.
Toto genere: in its whole nature.

Totidem verbis, Z. In so many words.

Toties quoties, {. As often as; as many times as it shall hi^pen.

Toum. Sheriff's turn; see Court, 33. The chief court-leet.

Toujours et uncore prist, fr. Now and always ready. Tout temps
prist: all the time ready. French names for the plea of tender; see S
Bl. Com. SOS.

Tout un sound, fr. {Idem s&nans.) The same in sound.

Toxicology. The science of poisons.

Tradas in ballium. See De odio bt atia.

Traditio, {. Livery; delivery. Traditio bre vis manus: delivery by mere
consent, not by act. Traditio clavium: delivery of the keys. Tra-
ditio loqui facit chartam: delivery makes the deed speak [s^ves effect
to it]. Traditio rei: delivery of the thing.

Traditor, I. A traitor.

Traditur in ballium, I. He is delivered to bail.

Trahere, 2., trahir, fr. To draw. Trahens: the drawer of a bill.

Trail-baston. (Draw-staff.) The name given to certun justices with
extraordinary powers, appointed by Edward I. during his absence in
the Scotch and Fiendi wars.

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TRANSCRIPT— TRESPASS 327

Transcript. A copy of the original record or writing.

Transeat in ezemplum, I, Let it pass into an example. Transit in
rem judicatum: it becomes a matter adjudged. Tlansit terra cum
onere: the land passes with the burden [the incumbrance is trans-
ferred with the land].

Transitns, transitu, I. The transit, conveyance; see Stoppaqb.

Travail. The act of giving birth to a child; eee 6 Pick. 6$,

Traverse. A plea in denial, closing with a tender of issue; eee S BL
Com. SIS. It may either be general, as denying the entire cause of
action in general terms (general issue), or specific, limited, as deny-
ing one specified and particular, but essential fact; see Rob. El. L,
Rev. ed.y § SOS, Special traverse: a plea of traverse, with an induce-
ment alleging new matter in avoidance, and an absque hoc (without
this) clause, traversing specifically some point in the declaration.
The special traverse formerly concluded with a verification; see
Pleading.

Treason. In England, compassing or imagining the death of the King,
Queen, or their eldest son or heir; violating the King's consort, eldest
daughter unmarried, or heir's wife; levying war against the King, or
adhering to his enemies; counterfeiting his seal or money; sla3ring the
chancellor, treasurer, or justices while sitting in office. In America,
levying war agfunst the United States; or adhering to their enemies,
giving them aid and comfort. Petit treason: in old English law, the
killing of a master by his servant, a husband by his wife, an eccle-
siastical person by his inferior; or of any person by another, who
owes him faith and obedience; see 4 Rl- Com. 7S, SOS.

Treasurer, Lord High. Formerly, the chief treasurer of England, who
had charge of the moneys in the Exchequer, the Chancellor of the
Exchequer being under him. He appointed all revenue officers and
escheators, and leased Crown lands. The office is obsolete, and his
duties are now performed by the Lords ConmiissionerBof the Treasury.

Treasure trove. Found treasure; see 1 Rl. Com. 296.

Treaty. A compact between nations for their mutual interest.

Treble costs. The common costs, half of them, and half of the latter;
i. e., the costs and three fourths added.

Trelracket. A castigatory, or cucking stool; see Common scold.

T^es,{. Three. Tres fadunt collegium: three [may] make a corporation.

Trds,/r. Very.

Tres, /r. Three; third. Tresayle: a grandfather's grandfather; eee
Aisl; Bebail.

Tresor trouv6, /r. Treasure trove.

Trei^ass. 1. Any injury, misfeasance, or nonfeasance; eee Rch. El. L.
Ren. ed., {§ 2i7, 269. 2. An injury or misfeasance to person or prop-
erty, made " with force and arms " [force actual or implied in law],
a breach of the King's peace. 3. An unlawful entry on land of an-
other. 4. The action at law for any of these trespasses. This is

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328 TRESPASSER— TRIPLICATION

either, A. vi et annis, brought for trespasses 2 and 3, the old action
on a writ de ciirsu, issued by the clerks in Chancery according to
established form, depending in the King's courts on a fiction of a
breach of the King's peace, or contempt of royal authority {see Nisi
FBCESis; Contra pacem), whereby the King's courts anciently ob-
tained jurisdiction, and consequently covering most cases of direct
or intentional wrong; or, B. on the case, super caeum, the action on
special writs, adapted to special cases (in caeu coneimUi) by the clerics
in Chancery under authority of the Statute of Westminster II., and
coveting most cases of contract, or indirect or unintentional wrong,
negligence, etc. Class A. is usually called trespass as distinct from
B., case. Trespass de bonis asportatis, de uxore abducto, per quod
servitium amisiti per quod consortium amisit, quare dausum f regit:
see those titles.

Trespasser ab initio. Trespasser from the beginning; a term applied
to a tort-feasor whose acts relate back so as to make a previous act
at the time innocent, unlawful; as if he enter peaceably, and subse-
quently commit a breach of the peace, his entry is considered a tres-
pass; see 1 Smith's L. C. 216; S Bl, Com, 16.

TxiaL That part of an action which begins at the joinder of issue and
ends at the judgment; see Rob. El. L. Rev. ed., §§ 260, 326-344. An-
ciently, that part of an action which began with the medial or proof
judgment and ended with the final judgment; as trial by battel,
ordeal, and the like. Now used to mean that part of the action
which takes place in court. Trial at bar, nisi prius, by haildj ordeal,
record, certificate, inspection; see those titles.

Triare, I, To try. Triatio: trial. Triatio ibi semper debet fieri nbi
juratores meliorem possunt habere notitiam: trial ought always to
be had where the jury can have the best information.

Tribunauz de commerce, fr. French courts taking cognizance of all
cases between merchants subject to appeal to courts of justice.

TrigamuB. One who has been married three times.

Trigild. A payment in satisfaction to three times the value.

Triers, triors. Two indifferent persons selected by the court to try a
challenge of a juryman for favor. As soon as two good jurymen are
sworn, the function of the triers ceases, and the jurymen take their
place.

Trina admonitio, I. The third warning; see Paine fobt bt durb.

Trinity term. Begins May 22, ends June 12.

Trinoda necessitas, {. (Threefold necessity.) The threefold burden of
repairing bridges, buildiqg castles, and service to repel invasions to
which, by Saxon law, all lands were liable; see 1 BL Com, 263, 367;
2 id. 102.

Tripartite. Of three parts or parties.

Triplication. In the civil law, the siurejoinder. In the canon law, the
rejoinder.

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TRTTHING— TUTRIX 329

Trithiiig. See TBavmnfQ,

Tronage. A toll for weighing wool.

Trover, /r. To find. Trove: found.

Trover. An action on the case to recover the value of goods, brought
by a perBon having had poesession against a person converting them
to his own use; see S6 S. C. 475; Big. Tarts, 8th ed. S90.

True bill. See Bill, I. 6.

True copy. Not necessarily an exact copy, but so true as not to be
misunderstood; see 61 L. /. Ch, 906.

Trust A beneficial interest in land, or other property, the legal title
to which is in another, recognised and enforced by courts of equity; see
Rob. El. L. Reo. ed., §§ 74, S57. The person having the title is the trus-
tee; the person having the beneficial interest, the cestui que trust, or
beneficiary. Express trust is one created by the words of a deed or
will, as distinct from implied trust, one raised by operation of law.
Resulting trusts are implied trusts, which arise upon the determina-
tion, or before the beginning, of a grant or express trust; see Rob. El.
L. Reo. ed., § S67; Constructive trusts are implied trusts which arise
by equitable interpretation or extension of an express trust. Volun-
tary trusts: trusts created for a volunteer, a person who takes as a
pure beneficiary, without consideration. Trust-deed: a kind of mort-
gage given to a trustee to secure a numerous class of creditors, with
power to foreclose or sell if their bonds or notes are unpaid; usually
employed in large railway or corporation mortgages; see Ezbcuted;

EXECUTOBT.

Trustee. One in whom is vested a power, interest, or estate for the
benefit of another.

Trustee process. The attachment of the defendant's debts while due
from a third party; see Attachment; Gabnishmbnt. A statutory
process in some States, resembling one kind of foreign attachment.

Tuer,/r. To kill; slay.

Tnlit, I. He brought, brought a writ.

TumbrelL A trebucket; a castigatory.

Tun, sax. A villa; a rural house or town.

Tunc, I. Then.

Turbary. The right of dig^ng turf; see 2 Bl. Com. 34; CoiofON.

Tumos, L, turn. Toum; see Court, 33.

Turpis, I. Base; immoral; iUegal. Turpis causa: an illegal considera-
tion. Tnrpis contractus: an immoral contract.

Turpitude. An evil state of mind when doing anything contrary to
good morals, honesty, and justice.

Tunis, I. A tower. The Tower of London.

Tutela, {. Guardianship. Tutor: a guardian.

Tuteur offideux, fr. A guardian.

Tutius erratur ex parte mitiori, I. It is safer to err on the milder side.

Tutrix, L A female guardian*

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330 TWYNE'S CASE— UNA CUM

Twjme's Case. The leading caae on fraudulent conveyanoeB, 5

Ccke, 80,

Tyrrell's Case. Decided that you could not have a use upon a use.

Dyer, 166 a.

Uberrima fides, I. The most perfect good faith; required between part-
ners.

Ubi aliquid conceditor, oonceditor et id sine quo res ipsa esse non po-
test, I, Where anything is granted, that also is granted without which
the thing itself cannot exist. Ubi cessat remedium ordinarimn, ibi
decurritor ad extraordlnarium: where the usual remedy fails, recourse
is had to the unusual. Ubi eadem ratio ibi eadem jus: like reason
makes like law. Ubi jus ibi remedium (where there is a right there is a
remedy) : there is no wrong without a remedy; see Rob. El. L. Rev. ed.,
§§ B, B37. Ubi major pars, ibi tota: where the greater part is, there
the whole [the majority rules]. Ubi nullum matrimonium ibi nulla
dos: where there is no marriage, no dower. Ubi revera: where, in
point of fact. Ubi quia delinquit ibi punitur: a man shall be pimished
where he sins. Ubi verba conjtmcta non sunt, suffidt alterutram esse
factum: where words are not used in the conjunctive, it is enough if
either be done.

Ubicunque fuerimus in Anglla, L Wheresoever we shall be in England;
the style of the return of original writs in the K. B.; see Cottbt, 8.

Udal. Allodial, 9. v. ; see 2 Bl. Com. Ji6.

Ulteritts concilium, I. Further consideration.

Ultima voluntas testatoris est perimplenda secundum veram inten-
tionem suam, I. The testator's last will is to be carried out according
to his real intention. Ultimum supplicium: the extreme punishment;
death. Ultimum tempus pariendl: the extreme period of gestation.
Ultimus heres: the last heir, to whom the escheat of an estate would
fall; usually the Crown.

Ultimate facts. Facts in issue; see 2 Utah, S79.

Ultra, I. Beyond; above. Ultra fines mandati: beyond the limits of
the mandate ; beyond his authority as agent. Ultra mare : beyond the
sea. Ultra petita: beyond things demanded, a term appUed to a
judgment or decree awarding more than the plaintiff asked. Ultra
valorem: beyond the value. Ultra vires: beyond their powers; the
doctrine by which corporations cannot exceed the powers specially
conferred by, or reasonably implied from, their charters; see Machen
Corp., § 1012; Rob. El. L. Rev. ed., § 2^^

Um, un, om, on, fr. A man; one; any one.

Un foitz, fr. Once; once upon a time.

Una cum, L Together with. Una voce: with one voice. Una com
omnibus aliis: together with all other things.

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UNCONSCIONABLE BARGAIN— USANCE 331

Unconsdoiuible bargain. One which no honest man would make.
Uncore, /r. Still; yet; again. Uncore prist: see S BL Com, SOS; Tour

TEMPS PBIBT.

Unctttfa, eax. Unknown; a guest on his first night; Agenhine.

Unde, I, Whence; wherefrom; whereupon. Unde rectatus est: whereof

he is accused. Unde nihil habet: of which he has nothing; see Dower.

Unde petit judicium: whereof he prays judgment.
Underiease. Where a lessee leases all the tenement for his entire

term, it is properly an assignment; if all the tenement for a part of

the term, it is an underlease; if part of the tenement, it is a subletting.
Undique, I. On all sides; from every quarter.
Ungeld. An outlaw.

Unico contextu, L In one transaction; in one connection.
UnilateraL One-sided; see Contract.
Uniformity of Process Act The 2 Will. IV. c. 39, establishing one and

the same process of beginning actions in all the courts of law at

Westminster.
United States Courts. See Court, 102.
Unity. A similarity of estate among tenants of the same land; as,

unity of interest, where the estate of each is of the same diu^tion;

unity of title, where acquired by the same title; unity of time, when

vested at the same period; unity of possession, where each tenant is

seised equally of the whole; see Joint tenants; Common; Copart

CENARY.

Unlversitas, I, A thing complete; in its entirety. A corporation aggre-
gate. Universitas bonorum: a man's entire estate. So, univeisom
jus: the entire right or estate.

Universities Courts. See S BL Com, 8S; 4 id. £77; Coxtrt, 65.

Unlage. An unjust law.

Unlawful assembly. A riotous assembly, an assembly of three or more
persons to do an unlawful act; see Affray.

Unliquidated damages. Unascertuned; uncertain as to amount.

Uno absurdo d^to, infinita sequuntur, I. One absurdity given, an infi-
nite niunber follow.

Uno flatu, I, In one breath.

Unques, fr. Ever; always. Unques prist: always ready; see Tout

TEMPS PRIST.

Unom quid, l. One thing; taken in a lump. Unumquodque eodem

modo quo coUigatom est dissolvitnr: everything is dissolved by the

same means by which it is constructed.
Urbs, L A walled city.
Urey/r. Effect; practice. Urer: to eniue.
Usage. The custom of a locality or trade; see 116 Mass, 6S5; 100 U, S,

692,
Usance. The customary time allowed, as between different countries,

for the payment of a bill of exchange, after its date.

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332 USE— UT

Use. Originally a beneficial estate, like a trust; the terre-tenant or
feoffees to uses having the legal title, and the cestui que use the
beneficial interest; 8ee 2 BL Com. i57, 27 ly S27, The Statute of Uses,
27 Hen. VIII. c. 10, oonyerted the use into the legal estate, and gave
rise to many new kinds of conveyances without livery of seisin. A
use upon a use, as if land be conveyed to A to the use of B to the use
of C, is not good, and B will have the legal estate; see Ttrrbll'b
Casb. Uses are present (executed), which vest immediately, or
future (executory), which vest at some future time; see 2 BL Com. S34^
Ebcecutory uses may be either springing (primary), which are to arise
at some future time, there being no previous use; or gfiifting (sec-
ondary), which take effect in derogation of some preceding use. A
contingent use is one which may never take effect. Uses are also ex-
press, by act of the parties; or implied; which latter may be either
resulting or constructive; see 2 BL Com. SSO; Tbubt. Thus, an estate
is granted by A (without consideration) to B and his heirs to the use
of C and his heirs on A's death; but if C die without issue at his
death, then to the use of D. Here B has the legal estate, A a re-
sulting use, C a springing use, and D a shifting use, which is also
contingent. A's use is executed; all the others are executory. A con-
structive use: one raised by the law in modification or extension of an
express use; as if a superstitious use were diverted to a charitable use.
A charitable use: such a use as is authorised by the 43 Elis. c. 4,
and other statutes, in spite of the mortmain acts and the rule against
perpetuities; such as uses for the maintenance of schools, hospitals,
pubhc works, and other charities.

User. The actual enjoyment of property or a right; see $ Mat. 275,
User de action: the pursuing or bringing an action.

Usque ad, L As far as. Usque ad medium filum aqu», ccelum, inferos:
as far as the middle thread of the stream, the heavens, the centre of
the earth.

Usucapio, L Usucaption; the right of property in a thing or corporeal
hereditament acquired by long possession; an acquisitive prescription.

Usufruct The right to the use or profits of a thing, usually for the life
of the usufructuary; see 79 Col. 6.

Usura, L Interest; usury. Usura manifests: open usury as distinct
from veleta, veiled usury, or dry exchange, where the interest was
added to the principal of the bond given for the loan. Usoim nuoi-
tima: maritime interest: see Fcenub nauticum.

Usury. 1. Interest. 2. Unlawful interest.

Usus, ^ Use. Ususbellici: warlike uses. Usus fori: the practice of the
court, of this jurisdiction.

Ut, L That; as; so. Ut antiquum: as if ancient; see Fkudum. Ut
audivi: as I heard. Ut credo: as I beheve. Ut currere solebat: as
it used to run. Ut de feodo: as of fee. Ut res magis valeat quam
pereat: that the thing rather stand than fall. Ut poena ad paiico8»

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UTAS— VADIUM 333

mettis ad omnes penreniat: that the fear may reach all, but the
penalty few. Ut supra: as above.
fJtas, 2. The octave; the eighth day after a feast.
Uterine. Of the same mother.
TJtfangthefe. See Outfanqthefb.
TJti» {. As. Uti possidetis (as you possess): a phrase mdicating that

disputing parties or nations are to keep what they now have.
Utile per inutile non vitiatur, L (The useful is not spoiled by the useless.)

Surplusage does not vitiate what is otherwise good and valid.
Utitor jure auctoris, L He enjoys the rights of his assignor. Utitor

jure sue: he exercises his own rights.
Utlagatus, 2., utlagfa, box., utlage, fr. An outlaw.
Utland, sax, Outland; the tenemental land without the demesne of a

manor.
Utrum, 2. Whether; see Assize.
Utter. To publish; put in circulation.
Utter, $ax. Outer. Utter barristers: the outer barristers, not Queen's

counsel or sergeants; without the bar.
Uxor, ux', l. Wife. Uxor non est sui juris, sed sub potestate viri, cui
in vita contradicere non potest: a wife is not capable at law, but under
the protection of her husband, whom she cannot contradict during
life.
Uxurdde. Wife-murder by the husband.

V. For vide, L, see; and venms, against. V. C: \nioe-ChanceIlor.

V. R.: for Yietoxia, regina, L: Victoria, Queen.
Vacant Empty; unclaimed. Vacant succession: where the heirs are

unknown, or have all renounced.
Vacantia bona, I, Goods unclaimed, without an owner; escheated; see

Bona.
Vacare, 2. To be vacant. Vacatur: it is vacated, or annulled.
Vacaria, I A piece of waste ground.
Vacca, 2., vache, fr, A cow. Vaccaria: a daiiy; cow-house.
Vadari, 2. To hold to bail, or give bail.
Vades, 2. Pledges; sureties.
Vadia,2. Wages.
Vadiare, I. To wage; give security. Vadiare dnellum: to wage

battel.
Vadiare legem: to wage law. Vadiatio legis: wager of law.
Vadium, 2. A pledge; security; surety. Vadium mortuum: a dead

pledge, or mortgage; see 2 Bl, Com, 167, Vadium vivum: a vifgage,

a pledge of property to hold until the profits or interests paid off the

debt; ms Bdb. El. L. Bw. ed., S 9B.

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334 VAGUENESS— VENER

Vagueness. Uncertainty.

Vail' q' vaU' purr*, /r., Valeat qoantiim ^ere potest, L Let it avail,
[take effect] as far as it can.

Valentia, I, vaillance, /r. Vahie.

Valor maritagii, I. The value of the marriage; see 2 Bl. Cam. 70, 88.

Valuable consideration. Money, goods, lands, services, or marriage;
see Good consideration.

Valued policy. See Poucr. Value of the marriage: see Marriagb.

Valvasour, /r., vavasor, I. 1. A vassal; the chief vassal of a tenant in
chief. 2. An old dignity below the peerage.

Vana est ilia potentia qu» nunquam venit in actum, L That power is
useless which never comes into action. Vani timores sunt swtfmandi
qui noa cadunt in constantem virum: those fears are to be deemed idle
which do not affect a man of nerve.

Vara. A measure of land; eee 161 U. S. B19.

Variance. A discrepancy between the statement of the cause of action
in the writ, and tiiat in the declaration; or between a statement in a
pleading and the evidence adduced in support of it; see Perry C. L.
PL £04.

VassaL The tenant of a fief ; a feudatory; <ee iP BZ. Com. 55.

Vastum, vastitas, I. Waste, q. v.

Vaut,/r. Is worth. Rien ne vaut: it is worth nothing.

VectuiEy l. Maritime freight.

Veer, veier, /r. To see. Ve: seen.

Veer, /r. To go; refuse; foibid. Vee: refusal.

Vefue, Aeif, /r. Widow. Veffete, vefuage: widowhood.

Veigner, /r. To come; to happen.

Veisin, /r. Neighbor.

Ve jours, /r. Viewers; visores.

Vel, I. Or; as; whether.

VenaL Something bought.

Venaria, I. Animals of the chase. Venatio: hunting.

Vendition. A sale, or the act of selling.

Venditioni exponas, L (That you expose to sale.) A writ judicial
commanding a sheriff to sell goods taken on execution; see Rob. EL
L. Reo. ed., § S47.

Venditor regis, I. One who acts as salesman for the king.

Vendor's lien, vendee's lien, ^ee Lien.

Vener, /r., venire, I. To come; to appear, A name given the precept
or other process for collecting a jury; eee Rob. El. L. Rev. ed., § SiS6.
Venire facias (that you cause to come) : a judicial writ directing the
sheriff to cause twelve good and lawful men to come before the court
for a jury. In England long since supplanted by a distringas jwro"
tores; see 3 Bl. Com. S62; 4 id. S18, SSI; Nisi prtos. Venire facias de
novo: a writ to summon another jury for a new trial; the motion or
order for a new trial. Venire facias ad respondendum: a writ to

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VENISON— VERGE 335

summoii to answer any crime under felony or treaaon ; tbe firat process
in outlawry.
Venison.^ /r. Animals of the chase.
Venit et defendit Tim et injuriam, l. He comes and defends [denies]

the force and injury. Venit et didt: he comes and says.
Vente» fr. Sale.

Vente a remere, fr. A sale made reserving the right to repurchase.
Venter, L The belly; the womb. Ventre inspiciendo: see 1 BL Com,

456; Db.
Venue, yisne, /r., Visnetaniy vicinetum, L (The neighborhood.) 1 . The
neighborhood whence the jury was to be summoned; see Rob, EL L,
Rev. ed., §§ 309, 680. 2. Hence, the place where the action arose or
crime was committed. 3. The place or county where the action is
tried. 4. In pleading, the statement of the county on the maj^
of the declaration.
Veray. True.

Verba, 2. Words; language. Verba acdpienda stmt, words are to be
taken, secundum subjectam materiam, according to the subject
matter; ut sortientur effectum, so that they may take effect. Verba
artis ez arte: technical words in their technical sense. Verba char-
tarum fortius accipiunter contra proferentem: the words of a deed
are taken the more strongly against him who sets it up. Verba gen-
exalia, general words, generaliter sunt intelligenda, are to be under-
stood generally; restringuntur ad habllitatem rei vel personam, are
limited according to the person or the capabilities of the thing. Verba
intentioni, et non e contra, debent inservire: words ought to carry
out the intention, and not run counter to it. Verba illata inesse
Tidentur: words imported [into an instrument] by a reference are
deemed to be included pn the instrument]. Verba ita sunt intelU-
genda: words are to be so understood; eee Ut rbs, eto. Verba relata,
etc.; eee Verba illata, etc. Verba precaria: precatory words, words
of request or trust.
VerbaL Either oral or written words; eee Wig. Ev., § i094*
Verd. The privilege of cutting green wood in a forest.
Verderor. An officer of a forest; eee 3 Bl. Com. 71, 72.
Verdict The formal and unanimous answer of a petit jury i^ven in
open court; eee Rob. El. L. Rev. ed., §§ 3^3, 611. General verdict: a
verdict simply for the plaintiff or defendant upon the issue, as dis-
tinct from a special verdict, one finding particular facts. Sealed
verdict: when the jury have agreed during the absence of the court,
they are sometimes dismissed, after placing their written verdict in
an envelope and sealing it.
Veredictum, L A verdict. Veredicto non obstante: notwithstanding

the verdict.
Verey, very, verray. True.
Verge. /See Paz bbgib.

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336 VERGENS AD INOPIAM— VIDIMUB

Veigens ad inopiamy {. In declining drciunstanoeB.

Verification. The concluding part of a plea in confeaaion and avmd-
ance. An averment; see Rob. El. L. Rev. ed., § S04.

Veritas nominis toUit erroiem demonatrationia, L Truth in the name
removes (obviates) error in the description.

Vers, fr.f versus, L Against; see 26 N. H. S£3.

Vert Anything that grows and bears a green leaf in a forest; cover.

Verua, L True; very.

Vest To clothe with possession; to deliver full possession; see 66 N. H.
29. Vested use, legacy, or estate is when there is a fixed exiating per-
son in whom the right resides. To vest in possession: when an estate
actually takes effect as a present interest Vested remainder: 9ee
Remainder. Vesting order: a decree of Chancery in trust cases
vesting the legal title in the cestui que trust.

Vester, /r., vestire, I. To clothe; vest; invest; give seisin.

Vestimentum, vestura, {. Clothing; investiture; seisin. Vestorse terns:
the things growing on the land.

Vetera statuta. The ancient statutes; from Magna Charta to the end
of the reign of Edward II.

Vetitum namium, {. 1. A refused taking; withholding of things dis-
trained. 2. Withernam, 9. v. See 8 Bl. Cam. 149.

Veto, I. I forbid.

Vexata qusstio, l. A doubtful question, vexed, unsettled*

Vey,/r. Way.

Vi aut dam, {. Forcibly or covertly, by force or fraud. Vi^ dam, ant
precario: forcibly, secretly, or doubtfully. Vi et annis: by force and
arms; see Trespass.

Via, L A way, or road. Via aita: the highway. Via regis: the ling's
highway. Via amicabili: in a friendly way. Via trita via tuta: the
beaten path is the safe path.

IHagium, {. A voyage; journey.

Vic\ For IHcecomes, I. : sheriff.

Vicar. The incumbent of an appropriated benefice; see Rbctor;
Parson; Tithes.

Vice, I. In place of; a defect. Vice-Chancellor: there are three Vioe-
Chancellors in England, each holding a court, from which an appeal
might be taken to the Chancellor; see Court, 17. '^cecomes (vis-
count) : the sheriff. Vicecomes non misit breve: the sheriff hath not
sent the writ; see CoNnNUANCE. Vice versa: in inverse manner; in
the opposite order.

^cenetum, I. Vicinage; neighboriiood; venue.

Vicontiel. Of a sheriff, or sheriff's court; see S BL Com. S69,

^cus, I. A village; a street.

Videlicet, I. (It is allowed to see.) To wit. That is to say.

^dimus, I. (We have seen.) An exemplification in charteiB, like
inmUsemus.

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VIDUA— VIS 337

Vidua, L A widow, ^dua regis (a king's widow) : the widow of a tenant

in capUe,
^diiity. Widowhood,
Yiet fr. life. Vief, vif ; living; alive.
\^ew. Inspection; examination. 1. View of frankpledge: the office of

a sheriff in seeing all the frankpledges of a hundred, and that all

youths above fourteen belonged to some tithing; a function of the

Court-leet. 2. The Court-leet; see Court, 32, 33.
Vigilantibus non donnientibus jiua subveniunt, L Laws aid the waking,

not the sleeping,
^gilia, L A watch.
Vigon Cttjos, Z. By force whereof.
Viis et modis, {. (By ways and means.) A citation against an absent

defendant in admiralty practice, served by posting up in certain

specified public places, as the Royal Exchange, the Market-cross at

Edinburgh, etc.
Vill. A manor; tithing; town; see 1 Bl. Com. 115.
Villanus, {. A villein. Villanum servitium: villdn service.
Villanoiis judgment. One by which the defendant lost his law.
Villein. A feudal tenant of the lowest class; at first a simple bondman;

afterwards holding land by base and uncertain services; see 2 Bl.

Com. 92. Villein socage: tenure in villeinage, but by certain services;

see Tenure. Villein in gross: a bondman, annexed to the lord's

person, and freely transferable; villein regardant, a villein annexed

to the manor, transferable only with the land,
inileinage. See Villein; Tenure.
Vinculum, I. A chain; a bond. ^Hnculo matrimonii: from the marriage

tie; see 5 Bl. Com. 94; Divorce.
Vintner. One who sells wine.
Vlnum, {. Wine. Vinum adustum: brandy.
Violent presumption. A presumption of the truth of a fact founded on

circumstances which are necessarily followed by it or attended with

it. Violent profits: in Scotch law, double the rent; the extreme value

of the land.
Vir, I. A man; a husband. Vir et uxor censentur in lege una persona:

man and wife are deemed one person in law.
Virga, I. A rod; a staff; a yard.

Virga, virgata terras, I. A yard-land; from twenty to forty acres.
Virilia, I. The privy members of a man.
Viripotens, {. Marriageable.
Virtus, I. Virtue; the substance, tenor, effect. Virtute cujus: by virtue

of which. Virtute officii: by virtue of his office.
Vis, I. Force; see Vi. A^s armata: an armed force. Vis et metus:

force and fear. Vis divina: the act of Grod. Vis fluminis: the force

of the current. 'N^s impressa: the original force; first impulse. Vis

ineimis: an unarmed force. Vis laica: a lay force. Vis major: ine-

22

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338 VISCX)NTE— VOLUNTUS

sistible force; see 2 Kent, 448. Vis proziina: the immediate force or

impulse.
Visconte, /r. Sheriff.

Visne, /r., vidnetus, L Ndghborhood: venue; eee S6 W, Va, 84*
Visores, L Viewers. Visus: view. Visus frand plegii : view of franks

pledge; eee Court, 33.
rita,L life.
Vitium, L Vice; fault; error. Vitium derid, scriptoris: the mistake of

a clerk or scribe.
Viva aqua, I. Living [running] water. Viva voce (vive voys, /r.) : by

word of mouth. Vivum vadium: eee Vadium.
Vix, I, Scarcely; hardly; rarely.
Viz. An abbreviation for Videlidt, q, v.
Voc., I. For Voce. Under the name or title.
Vocabula artis, l. Technical terms.
Vocare, I. To call upon; vouch. Vocans: a voucher. Vocaf: called.

Vocatio: voucher; to vouching. Vocatus: a vouchee.
Vocher, /r. To vouch. Voche: a vouchee.
Vociferatio, L Outcry; hue and cry.
Voco, L I call; I summon; I vouch.
Voer, voir, /r. To see.
Void. Null; eee 6 Mete. 4.17. Voidable: that which may be annulled

at pleasure or within a reasonable time; eee SO N. H. 662. Void for

remoteness: eee Perpetoitt.
Voidance. Vacancy; want of an incumbent for a benefice.
Voier, voir, fr. To see. Voir dire (to speak the truth) : a name given

to the preliminary oath of a witness, and examination as to his com-
petency, interest, etc.
Volenti non fit injuria, I. (No injury is done to the willing.) What a

person assents to he cannot afterwards complain of as an injury; eee

Big. TartSy 8ih cd., 39, 341.
Volere, I. To wish; to will. Volo: I will. Volumus: we will. Vduit,

sed non dixit : he wished, but did not express it. Volentes: being

willing.
Voluntarius deemon, I. A voluntary madman; a drunkard.
Volimtaiy. Free; not compulsory; without consideration; not conten-
tious; intended, not permissive; eee 43 Iowa, 686; 70 Ala. 366;

Trust; Waste.
Voluntas, I. Will; design; purpose; last will. Voluntas donatoris in

charta doni sui mamfeste expressa, observetur: the will of the grantor

as openly expressed in the deed of feoffment should be observed.
Voluntus et propositum distingutmt malefida: the intent and purpose

distinguish [the different grades of] crimes. Volimtas reputator pro

facto: the will is taken for the deed [in treason]. Voluntas test»-

toris est ambulatoria usque ad mortem: the will of the testator is

revocable until death.

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VOLUNTEER— WARD 339

VolitntMr. A grantee or beneficiary in a voluntary conveyance, without

consideration.
Vouch. To call; to call to warranty; see Avoucheb; Recoveby. To

call upon a grantor or other warrantor to defend the title; Me Ejbct-

MBNT. Vouchee: the one vouched.
Voucher. An account-book; an acquittance, or receipt.
Vous avez qr» /r. You have here. Vous voiez: you see.
Vox, l. Voice; speech. Vox Dei: the voice of God. Vox emissa volat,

litera scripta manet: the spoken word flies, the written letter remains.
Vs. For versus, I., against.
Vulgaris opinio, L Common opinion. Vulgaris purgatio: common puiv

gation; the ordeal, as differing from canonical purgation by oath; see

4 BL Cam. 8^2,
Vulgo concepti, Z. FilU popvU; bastards of unknown paternity.

W

Wacta, {. Watch; watch and ward.

Wadset, sc. A mortgage; a pledge of lands.

Wage. To give security for. To wage battel: to give security or pledges
to try a cause by battel. To wage law: see Wagbr of law.

Wager of law. A method of trial by the oath of the defendant, supported
by the oaths of his neighbors, usually eleven, making his own oath
the twelfth (duodedma manu). It was allowed in debt and detinue,
and caused the discontinuance of these actions; see WrmiBSs; 1 PoU.
& Maid. Hist. W, 149; 2 id. 600, 6S4.

Wager-policy. A policy of assurance or insurance taken out by a party
having no insurable interest; see Bob. El. L. Bev. ed., § 167.

Waif. A thing stolen and thrown away by the thief in his flight; see 1
Bl. Com. 296; 2 Kent, 292.

Wainable. That which may be tilled. Wainage: carts and imple-
ments of husbandry; see 4 Bl. Com. S79.

Waive. To throw aside, as by a thief of goods stolen, in his flight. To
renounce, or abandon. A woman outlaw.

Waiviaria, I. The waiving [outlawry] of a woman.

Wales. See Court, 71.

Walla, wallia, {. A bank of earth; a wall; a sesrwall.

Wantonly. Done without malice yet without regard to rights of others;
see 98 N. C. 64I.

Wapentake. A division of the northeastern counties in England an-
swering to the hundred, q. v. A hundred court; see 1 BL Com. 116.

Waractum, L Fallow ground; see Warectabe.

Warantia, L Warranty. Waiantizare: to warrant. Warantus: a
warrantor.

Ward. Guard; the service of guarding a castle; wardship; an infant in

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340 , WARDA— WASTE

guardianship. Ward-holding: the Scotch term for militaiy seryice.
Ward-mote: a court in each ward in London. Ward-wit: immunity
from service of ward.

Warda, I. Ward; wardship. An award.

Warden. A guardian, or keeper.

Wards and liveries. &ee Court, 45.

Wardship. In military tenures, the right of the lord to have custody,
as guardian, of the body and lands of the infant heir, without any
account of profits, until he was twenty-one, or she sixteen. In socage,
the guardian was accountable for profits; and he was not the lord,
but the nearest relative to whom the inheritance could not descend,
and the wardship ceased at fourteen. In copyholds the lord was the
guardian, but was perhaps accoimtable for profits; see 2 BL Cofn, 71,
97.

Warectare, l. To fallow; to plough in the spring for fallow. Wareo-
tum: fallow ground.

Warenna, L A warren.

Warentare, warentizare, L To warrant.

Warrandice, sc. Warranty.

Warrant To defend; to guarantee. In contracts, to engage the truth
of certain facts as an essential condition. In land, to bind one's self
by grant or collateral covenant that the title is good and the grantee
shall be undisturbed in his possession. A warranty; see Bob. El. L.
Bev. ed., §§ ISl, 163.

Warrant A written document, writ, or precept conferring authority;
an official precept, authorizing arrest, distress, or search, issued under
the seal of a justice or court.

Warrantia, {. Warranty. Warrantia chartsB, custodisBy diei: see De.

Warranty. Anciently, the duty of a grantor and his heirs, implied in
the word dedi in the grant, to warrant and defend the title and pos-
session of the grantee, or give him other lands of equal value. In
modem times, an express covenant by the grantor that he has good
title, and for breach of which he is liable to the grantee in damages.
Absolute, collateral, lineal warranty: see those titles. Warranty deed:
a deed containing a covenant of warranty.

Warren. A place privileged for the keeping of beasts of warren: hares,
conies, partridges, pheasants, etc.

Waste. Spoil or destruction done or permitted by the tenant to houses,
lands, or tenements; see 2 BL Cam. iS81; Sjd. S23. Voluntary or actual
waste: waste actually conmiitted, as by cutting down trees or pulling
down a house. Permissive or negligent waste : by omission, as by neg-
lecting to repair. Equitable waste: «ee Eqihtabub. Writ of waste:
an old mixed action, which lay for him that had the next estate of in-
heritance against the tenant for life, years, in curtesy or dower, com-
mitting waste. By the Statute of Marlberge and at common law the
plaintiff recovered only single damages; but by the Statute of Glouoes-

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WATER ORDEAL— WIDOW'S CHAMBER 341

ter he recovered treble damages and the land or tenement waited;
and by Westminster II. the remedy was g^ven to one tenant in com-
mon against another. This action long since gave place to the action
on the case for waste, and the bill in equity to restrain waste; 8ee 3
Bl. Com, B$7; Ebtrepement. Waste in the tenet was when the par-
ticular estate still existed, and the writ was brought both for damages
and the estate itself; in the tenuity when the particular estate had
determined and the writ was brought to recover damages for past
waste. Lord's waste: see Manob.
Water oideaL See Ordeal.
Waveson. Floating, shipwrecked goods.

Way. The right of a man and his heirs, or of the owner of a certain

estate, or of a certain class of individuals, to pass through another

man's land; an incorporeal hereditament, a kind of easement; eee 2

Bl. Cam, S6; Rob, El L. Rev, ed., § 69.

Waygoing crop. The crop sown by a tenant whose term ends before

it is harvested; see Emblement.
Weald, sax. A wood, or woody country.

Wear, weir. A place in a river for taking fish, made by damo; a fishway.

Welsh mortgage. An old mortuum vadium, where land was conveyed

to the creditor, redeemable at any time on payment of the principal

debt; the mesne profits going for the interest, Uke the antichresb; see

2 Bl, Com, 157.

Welshing. An act of a stakeholder who acts as such with intent to

cheat and defraud.
Were, sax. A price; a fine for homicide paid the kin; see MffrsuATio
CAPms. Weregild: payment of the were, blood-money; see i Bl, Com.
188, 313, 413.
Westminster. The seat of the superior courts; see Nisi pbiub. Wes^
minster L: a statute in 3 Edw. I. (1275), containing many provisions
concerning purgation of clerks, felons, paine forte et dure, marriage of
wards, prescription in writs, vouching to warranty, etc. Westminster
n.: the 13 Edw. I. c. 1 (1285), containing the statute de Bonis, mat-
ters concerning formedon, second deliverance, cm in vUa, advowsons
usurped, vouching to warranty, mesne, waste, fieri facias, elegit, etc.;
see 2 Poll. & Maid. Hist. 491. Westminster HL: the 18 Edw. I.
(1290), the statute of Quia empiores, concerning alienations, mort-
main, etc.
Wharfinger. The proprietor of a wharf.
When. At that time; see 90 Mo. 646.

White rents. Rents payable in silver, [money]; see 2 Bl. Com. 43.
Whole blood. Kinship by descent from the same pair of ancestors; ses

2 Bl. Com. 227; Half-blood; Possessio fbatbis.
Wic, wyk, sax. A house^ castle, or town.

Widow's chamber. The apparel and furniture of a widow's bedchamber,
to which she was entitled by a London custom; see 2 BL Cam, 618.

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268

OULTRE LE M£Rr--OT£R ET TERIONEB

Oiiltr«l«]iMr,/r. Beyond the sea.

Ouster, oster, otntfr. To put out; take away; dispoflSBss; to ooBt, or
deprive of. Dispos pood on of a freehold or chattel real, or an faencfit-
ament corporeal or incorporeal; the most geoeral tenn for eiriiwnB
from the possession of land; hereby the party ousted can only re-
gain possession by employing legal remedieB; seeSBL Com. 167; Btk
Bl L. Re». ed., § 212. Ovsteriamain (to remove the hand): L Hk
livery, or delivery of the ward's lands out of the hands of tbe goaidna
on the former's arriving at the i»oper age; a writ againta the lord for
this purpose. 2. A delivery of lands out of the King's hands by jadg-
ment for the petitioner on a monstrans de droit; 9oe2Bl. Camt. 68.

Ouster, /r. Over; further; beyond. Ouster le mer: beyond sea; m
Essoin.

Outer bar. The junior barristers; see Queen's Counssi..

Outfangthef e, sax. Either a tenant taken for theft outside the manor,
or a strange thief taken within it. The privilege enjoyed by a kvd of
a manor (tf trying one of his tenants taken dsevdiere for thefU

Outlaw. A person out of the protection of the law; whose property is
thereby forfeited, and who has, in general, no legal rights. In eai^
times he bore a caput lupinum, and might be killed at sight; sss S&
Com, 283.

Outlawry. A process by which a defendant or person in contempt on a
civil or criminal process was declared an outlaw. If for treason or
felony, it amounted to conviction and attainder; see SBL Cowl. 288.
Exigbnt; Capias UTLAaATUn.

Outre, /r. Beyond.

OutetexuUng term. Attendant term.

Ove,/r. With; for. Ovesque: with.

Ovel, oweI» fr. Equal. Owelty: equality. En owel main: in equal
hand.

Overt Open; evident; see 2 Bl, Cam, 449; Mabkbt.

Owling. The ofiFence of transporting wool or sheep out of tbe king-
dom; eee 4 Bl. Com, 164.

Ozgang, ozgate. As much land as an ox could till; fifteen acres.

Oyel,oyl,oil,/r. Yes.

Oyer, Jr. To hear; hearing; see 3 Bl, Com. 299; Rob. El. L. Ba. «d.,
\S16. Oyez:hearye. The hearing a deed read in court, to which a
defendant was entitled in actions based upon the deed or record where
the plaintiff had to make profert; eee 4 Bl. Com. 340. To crave oyer:
to demand that the instrument be read, or that the party may be
furnished with a copy.

Oyer et terminer, fr. To hear and determine. 1. A special conmiis-
sion to judges or others to inquire into a treason or felony on a sudden
outbreak or public outrage. 2. The general commission of the same
nature; eee Assize. 3. In New York, the title of a crinunal court;
see CJouBT, 111.

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342 WIFE'S EQUITY— WITNESS

Widow's quarantiiie: the period of forty days from the death of a
man seised of land, during which the widow might, remain in his
chief mansion without paying rent, and during which her dower was
to be assigned; see 2 Bl. Com. 135, Widow's terce: in Scotland, the
right of a widow to a third part of her husband's rents.

Wife's equity. See Equity.

Wild's Case. The Rule in Wild's Case: if A devises land to B and to
his children or issue, and B hath no issue at the time of the devise,
it is an estate tail; but if he has issue at the time, B and his children
take joint estates for life. See 6 Coke, 16 6.

Wills, Statute of. The 32 Hen. VIII. c. 1 (1540), by which persons
seised in socage could devise aU their lands except to bodies corporate;
and person seised in chivalry, two thirds.

Winchester, Winton, Statute of. The 13 Edw. I. s. 2 (1285), providing
for duties of constables, watch and ward, etc.

Wirta. A Saxon measure of land.

Wisbuy, Laws of. A code of maritime law compiled in the fourteenth
century at Wisbuy in Gothland, Sweden.

Wite, sax, A penalty, payment, or amerciament; or immunity therefrom.

Witenagemote. (The assembly of wise men.) The Saxon national
council or Parliament; see 1 Bl, Com, 147; Court, 1.

Withdrawing a juror. A method of suspending an action by consent,
and sharing the costs. Withdrawing a record: a method of suspend-
ing an action by withdrawing the nisi prius record, revoking the entry
by the plaintiff.

Witiiemam, sax., Withemamium, I. (Other taking.) A taking in re-
prisal; as when a distress has been made and the goods eloigned so
that they cannot be replevied, the plaintiff may have a writ to take
other goods in withernam; see 2 BL Com, 129, 149, 413; Capias, 5;
Replevin.

Without day. Without adjournment or continuance; to go without day,
to be finally dismissed the court. Without impeachment of waste:
without liability for waste other than equitable. Without recourse:
an assignment without assuming the liability of an indorser; see In-
dorsement. Without this, that: words introducing the negative part
of a special traverse.

Witness. A person called before a court to give evidence. Party-
witness: a term applied to old methods of trying an issue by witnesses
produced by the parties; as the plaintiff's secta, the witnesses de visu
et auiitu or de vicineto, and compurgators. The witnesses de visu et
auditu (of sight and hearing) spoke to the fact itself, were transac-
tion witnesses, the origin of the modem jury; the secta and the
defendant's compurgators spoke to the pldntiff's or defendant's
credibility only. In ecclesiastical causes the compurgators varied in
number, and anciently might always be used instead of the other
forms of trial; see Pubqation; CoMFORaATOBBs; Waosb of law.

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WOLD— YARD-LAND 343

Wold, MKB. A down; a hilly tract without trees.

Wolfshead. An outlaw, caput lupinum,

Woodgeld. Money paid for taking wood from a forest.

Woodmote. The court of attachments, or forty-days court, a forest
court; 8ee Court, 74, 76.

Woolsack. The seat of the Lord Chancellor in the House of Lords.

Worth, weorth, sax, A country-house or farm.

Wreck. Goods cast ashore from a wreck under such circumstances as
to be forfeit to the Crown or State.

Writ Originally, the written command of the King, or some member
of his household, introduced into E2ngland from Normandy. Later,
the written command or precept of any court or officer; aee Bbevs;
Action; Bill of Middlesex; Trespass. Prerogative writ: a special
writ issued by the royal authority or prerogative, as matter of favor;
as distinct from the writs de cursis, writs of course, issued by the
Crown, or court, or person authorized by the Crown, as matter
of right. The writs de curau were at first vague in form, but by
the time of Glanvill had assumed definite shape; they were formed
writs, called later original writs, and by promulgation in the year
1258 no new writs could be issued. By the Stat. Westminster II.
c. 24, it was enacted that new writs should be issued in similar cases
(see Case; AcnoN on the case), whence these latter were termed
writs on the case, as distinct from the original writs. Both the orig-
inal writs, or writs de cursuy and writs on the case were original writs,
as distinct from judicial writs; that is, they issued from Chancery
under the seal of the King, as the fountain of justice, at the beginning
of actions; judicial writs issue from a court, and include all writs
issuing after the beginning of the action; see Bill; Process. Close
writs, clause writs, are sealed writs; grants of the King, sealed with
his great seal, but direclied to some particular person for particular
purposes; not letters patent. Writ of inquiry: a proceeding by which
the sheriff inquires by a jury into the amount of damages, after judg-
ment by default. For other writs, see their respective titles.

Writer to the signet. Anciently, dote in the office of the Scotch Sec-
retary of State, who prepared writs passing the King's signet, and
various other processes; they are also attorneys or solidtors, and
privileged to conduct causes in the Court of Session.

Wynton. See Winchestbb.

T,/r. There. T est: there is.
Talemaines, /r. At least; however.
Tcel, yceuz, jTr. It; then.
TanMand. Virgaia kmrn.

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344 YEAR BOOKS— YORK

Year books. The oldest English reports; from Edward II. to Henry

VIII.; see 1 PoU. & MaiU. Hist, 196.
Year, day, and waste. A privilege of the Crown to have the lands of a

person attainted for felony or petty treason for a year and a day,

with the privilege of committing waste, before restoring them to the

lord of the fee.
Year to year, From. See Estate. Years: see Estate.
Yeoman. A freeholder mider the rank of gentleman, who had land to

the value of 408. a year, and was thus a " good and lawful man ";

aee 1 BL Com. 406.
Yeven, yeoven. Given; dated.
York. A Yorkshire custom of dividing the goods of an intestate among

the widow, children, and administrator in equal thirds; see 2 EL

Com. 618m

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APPENDIX

A TABLE OF BRITISH REGNAL YEARS

Sovereigns Commenoement of Rogn

William I October 14, 1066

William II September 26, 1087

Henry I August 5, 1100

Stephen December 26, 1135

Henry IL December 19, 1154

Richard L September 23, 1189

John May 27, 1199

Henry m October 28, 1216

Edward I November 20, 1272

Edward U July 8, 1307

Edward IIL January 25, 1327

Richard H June 22, 1377

Henry IV. September 30, 1399

Henry V. March 21, 1413

Henry VL September 1, 1422

Edward IV March 4, 1461

Edward V. April 9, 1483

Richard HI June 26, 1483

Henry VII August 22, 1485

Henry VHI April 22, 1509

Edward VI January 28, 1547

Mary July 6, 1553

Elizabeth November 17, 1558

James I March 24, 1603

Charles L March 27, 1625

The Conmumwealth January 30, 1649

Charies H.^ May 29, 1660

1 Althou^ Charies II. did not ascend the throne until 29th May,
1660, his regnal years were computed from the death of Charles I.,
January 30, 1649, so that the year of his restoration is styled the twelfth
year of his reign.,

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346 APPENDIX

SoverttgQfl Commencement of Rdgn

James II Fdbruaiy 6, 1085

William III. and Mary February 13, 1680

Anne March 8, 1702

George I August 1, 1714

George II June 11, 1727

George III October 25, 1760

George IV January 29, 1820

William IV June 26, 1830

Victoria June 20, 1837

Edward VIL January 22, 1901

George V. May 7, 1910

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